Believe I was termed in retaliation but not sure if I have options
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Believe I was termed in retaliation but not sure if I have options
Last summer I was on LOA and denied an opportunity to apply for a promotion, a job in which I did most of the work already and was trained in, by my then Director due to it needing to be filled ASAP. Upon return in October the position had been filled by a friend of the Director and Assistant Director but he was not actually in place until November so I had to cover the duties.
Upon return though I did sur diwn with the Director of HR to file a complaint
about discrimination for being denied the chance to apply or be considered
while I was on LOA, she said she would investigate. After several weeks she
attempted to set meetings with me but just prior to her last attempt to follow-up she was terminated herself so the case was dropped. This past May, twice I had to leave work for issues at home but returned to work to finish out my shifts. Prior to departure though I got permission from my co-manager, who was the next highest on duty working with me. The department heads caught
wind and felt it was the wtong decisions and terminated me based on policy
violations despite having a clean record for over 8 years and role model reviews. I believe this is an opportunity for them to retaliate for my complaint as my new Director is best friends with my Assistant Director whose job I wsnted to apply for.
Asked on July 3, 2018 under Employment Labor Law, Nevada
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Why were you on a leave of absence? If it was Family and Medical Leave Act leave, then retaliation against you for using the leave or for complaining about how you were treated in regards to taking leave is illegal and you could file a complaint with the state or federal department of labor.
Leave for other reasons is not protected. If you were terminated for complaining about your treatment after unprotected leave, that is legal, and you would have no cause of action.
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