Ask a Lawyer
Ask a Question

Posted Feb 3rd, 2012
What rights does an employee have if they are being retaliated by a manager who they have emailed hr
about and hr told the manager.

Additional Details:
Therefore making the situation worse and creating a hostile work enviroment
Legal Topic Area: Labor and Employment in FL

It depends on the nature of your complaint to HR. Of you were complaining that the manager makes you work off the clock, for example, your internal complaint would be protected activity under the Fair Labor Standards Act, and you would have a right to sue for unlawful retaliation provided you could show that the manager took some action that would adversely affect your working conditions. If you were complaining about what you reasonably understand is unlawful discrimination (based on race, , creed, gender, national origin, age, disability , veterans status, or status as a member of the Armed Forces or Reserves) your action could be protected activity under Title VII, the ADEA, the ADA/ADAAA, or USERRA. In the Eleventh Circuit (which has jurisdiction over federal courts in Florida) you need to be right about the unlawfulness of the discrimination which you opposed (i.e., there must have actually been discrimination for you to oppose in complaining to HR).

It is unlawful under most federal laws for an employer or its agent to discriminate by making adverse changes in a person's working conditions because that individual exercised rights protected by the federal statute.

Michael A. Caldwell

404-979-3150


Answered on Feb 8th, 2012 at 1:13pm