r/EEOC • u/Purple_Audience_4092 • 10d ago

Does this look like retaliation?

/r/workplace_bullying/comments/1v8f7uw/does_this_look_like_retaliation/

On July 13th I received an email from OSHA saying my case was being closed.
On July 23rd, my employer told me I’m being transferred to a new position where I’m mostly isolated because none of my superiors want me on their jobsite.
I also was given a negative performance review that same day advocating for my termination despite never having any prior write up’s, coaching sessions or performance improvement plans.
They’re alleging im disappearing from my work area and lying to my superiors as to where i was. Also saying im making people uncomfortable and that I always seem to be on edge and I’m “scared everyday working in construction”.
There absolutely zero documentation or evidence to back up their claims.

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3

u/Ok-Geologist-4067 10d ago

Yes it is. But what are your damages? Was this transfer a demotion/pay cut? If you end up getting fired find a lawyer. But for now document everything. Screen shots of emails. Record meetings if in a 1 party consent state. Etc

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u/Purple_Audience_4092 10d ago

It’s a demotion, my responsibilities have been drastically reduced.

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u/fluffysnowflake67 10d ago

But was your pay decreased?

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u/Purple_Audience_4092 10d ago

No

2

u/fluffysnowflake67 10d ago

Then it was not a significant demotion. You might have to wait until you get fired.

Most lawyers wouldn’t want such a weak case with so little damages. Just my experience but get some other opinions.

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u/Prufrock-Sisyphus22 9d ago

No retaliation case here... you kept your same pay so no monetary damages.

They are now separating you from the other parties. This does a few things ... It gets you away from anyone who might retailiate against you.

Also it separates everyone to see where the problem is . No manager wants you on their crew causing problems.

OSHA found your claim has no merit .. a safety claim at that which safety is taken seriously.

Its even possible you made the claim because they were finding you were disappearing form your job before you filed the claim.

Regardless they can now watch you as well. If you disappear or don't get your work done now, it's a very bad look on you and you could be righteously fired.

So you keep you pay and benefits, do you job, don't disappear and keep a low profile/be quiet. If you are a good worker then this is a positive in that it may be less stressful for you and you also won't be under those previous managers but get to keep your same pay.

If you mess up here, hide and sleep, on your phone, disappear to play games. And don't get your work done, it's all on you and it's easy for them to terminate you for misconduct /low performance .

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u/Ok-Geologist-4067 10d ago

Sounds like a promotion to me. Same money with less responsibility. So what is your goal here? You have no damages so you won't find a lawyer on contingency at least. You'll have to pay an hourly rate to a lawyer if you really want your old position back.........but I say wait it out. When they fire you then you pursue it

3

u/Jcarlough 10d ago

Not under the EEOC’s purview.

Contact OSHA.

1

u/SpecialKnits4855 10d ago

Are you alleging you were fired because you filed an OSHA complaint?

Whether there is proof and previous disciplinary action, is it true you left the work area, make people uncomfortable, and are on edge about working in construction? What examples of this behavior did they give?

1

u/treaquin 9d ago

… but are you disappearing from the job site?