Retaliation
I worked for my employer for eight years during which time I received several promotions and great performance reviews. For the past two years my direct supervisor has often asked me out on dates, sent very suggestive emails, and made me feel very scared to take action, etc. I finally got the nerve to file a complaint and my supervisor quit. Two months later I was fired for "misuse" of the company cell-phone and damage to the company truck. My pattern of cell-phone use did not change and I have never been counselled on inappropriate use. The damage to the truck was minor and I followed all guidelines in reporting the incident. A male employee also damaged the truck a few months ago and he wasn't as much as written up.
I have filed a charge with the EEOC and am currently seeking another job but the company has gone out of their way to give me a negative reference with prospective employers. This is different from usual procedure to only give dates of employment, wages, etc.
I was offered $3000 to sign a release but refused to do so. The company fought my unemployment claim but the OBES found in my favor. I really need help! What should I do?
Answers (1)
You describe a classic retaliation case. You are suffering retaliation by both the termination and the continuing negative references. Federal and state law give you a remedy for the wages that you lose as a result, as well as your emotional pain and suffering.
By asking you to sign a release, the company is offering to buy your right to recover a remedy for the harm it has done. If the company was willing to pay you full value for that harm, you should be willing to sign a release for that amount. However, at this point it is probably impossible to know how much you will lose, at least until you find comparable employment. $3,000 is, on its face, very low. In addition, the company is not making it easy for you to find new employment.
Take a look at the FAQ article on this site regarding severance pay. The same issues are at play in your case. Bottom line, you should consult with an attorney before you sign anything. We offer an initial consultation for $200 for this purpose. We also accept cases on a contingency fee basis if the potential recovery is sufficient to cover the expected costs. If you would like to get together, call Cheryl at 330.665.5445, ext. 0 to get on my calendar.
Best regards,
Neil.
posted by Neil Klingshirn | Nov 18, 2002 09:35 AM [EST]
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