Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I was written up by my supervisor and not given much information about it. She stated she received complaints from other employees that I do not treat all employees the same, and that another employee reported an incident. When I asked for more detailed information, she refused to provide it. A: Since a written warning is not a formal disciplinary action, your supervisor is not required by law to provide…
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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I was an employee of a company that was a contractor for a federal agency. A federal employee threatened to fire us if I refused to overlook misconduct on the part of several employees. Eventually, this is what did happen. There have been multiple audits and investigations of the situation. Does any recourse exist against the threats, harassment, and retaliation perpetrated by the federal employee who was making fraudulent misrepresentations?…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I filed a discrimination complaint and am in the discovery process. Can I be fired for filing an EEOC complaint? A: It is illegal retaliation to fire someone solely because he or she has filed a discrimination complaint. The burden of proof is on the person claiming discrimination. In other words, you must be able to overcome or disprove the legitimate reason an agency will undoubtedly provide for a removal…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I complained about the cancellation to replace unsafe flooring to my Commanding Officer, as well as to OSHA, DODIG and my Senator. I was terminated after my complaints and 24 hours before my probationary period was finished. Is there anything I can do? A: The U.S. Office of Special Counsel might consider your case if you can show the activity that led to our removal was protected whistleblowing. In general…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: A colleague regularly breakes rules from our employee conduct handbook. Several of us have kept notes documenting the incident and have reported it to management. The only incidents that have been addressed have been when one of us agreed to be named as the person that reported the behavior. For those people that fear retaliation because of being a subordinate of the problem employee, is it necessary to make a formal…