I am a pool employee working full time hours until March of 2020 and then was off, along with many other pool employees.

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Customer: I am a pool employee working full time hours until March of 2020 and then was laid off, along with many other pool employees. I supported an anonymous discrimination complaint in jan 2020 and filed an anonymous hippa complaint on my departmen in March 2020. All other pool employees, with less seniority, availability, and training were called back in July 2020. In August, I found out it was not as anonymous as I thought. This week my manager contacted me and offered two shifts every six weeks, on the weekend.
JA: Was there discrimination based on age, race, religion, gender, or disability?
Customer: I'm actually more concerned about retaliation.
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: Mayo clinic Public and thousands
JA: Where are you located? Discrimination laws vary by state.
Customer: Wisconsin
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes, I am on unemployment and don't want to lose that by refusal of work that is not equitable to previous hours.
Answered by ProfessorEsq in 3 mins 1 year ago
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ProfessorEsq, Expert

Hello, my name is ***** ***** welcome to Just Answer. I'm an expert attorney on Just Answer. Thank you for your question. I’d be happy to assist you.

  • I will do my very best to respond to your questions as quickly as possible, but please be aware there are times that I may be away from my desk, on a phone call, or answering other questions. Nonetheless, be assured I am working on your questions.
  • Lastly, while I am working on your questions, please know that I am also working on other customer questions. Be assured that I am here, and there may be several minute delays between responses. If I don’t respond right away, it means I am researching or putting together an answer for you.

First, though, I need a few minutes to review your question and get some clarification. In the meantime, you may reply to me at any time if you think of any additional details that may be relevant. Thank you so much for your patience.

Customer
Thanks
Customer
I would prefer text right now.
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ProfessorEsq, Expert

I am very sorry to hear about this matter. In employment law, if you do not belong to a union or you have your own contract that specifically states that you can only be terminated for cause, you are legally an "at-will" employee. At will, employees can be terminated at any time, with or without cause. The employer doesn't have to have given warnings, have documentation of violations, or even have a reason for termination. If the employer does give a reason, it doesn't even have to be accurate. The employer just has to avoid terminating based on race, religion, gender, age, disability, workers' comp use, or Department of Labor/OSHA complaint retaliation.

For there to be wrongful termination in employment law, you need one of two things.

1. You need to have a contract of employment that specifically states that you can only be terminated for cause. With such a contract, you can then sue based on breach of that contract and then establish that they did not have a cause.

2. You have to be able to allege discrimination based on race, religion, gender, age, disability, or FMLA use. You can file a complaint with the EEOC (or Department of Labor for FMLA discrimination).

In an "at-will" employment situation, the exchange would be more than a sufficient basis for termination, not because it is bad, but because there really doesn't need to be a reason for termination.

From the information you have provided, you may have a claim for wrongful treatment. This is especially true if you feel you have been treated differently as a result of your membership in a protected class (Age, race, sex, religion, disability, retaliation, harassment, national origin, or genetic information)

You can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). This is the federal agency that regulates employment discrimination. Filing the charge will also put additional pressure on your former employer to respond and take action. You can file this action yourself or through a local attorney. If you do decide to file on your own, you can file this through EEOC.gov. The specific link is https://publicportal.eeoc.gov/Portal/Login.aspx. If your case is found to have merit, the EEOC will take the case on your behalf. If you choose to hire a local attorney, I recommend using a free website, Avvo.com. Type in your zip code and the type of attorney you need. The service will provide a list of ratings, reviews, and rankings. I suggest you contact three before choosing one. It was my pleasure to help you!

Customer
Again I was not discriminated against - I was a witness for a discrimination complaint. I am concerned that these actions resulted in retaliation - ie not being called back earlier - kind of like whistleblowing. Additionally I am concerned about losing unemployment if I refuse minimal offer of work. Please direct your response to these questions.
Customer
Altho I had also just been granted fmla and now will be unelligible.
Customer
Ineligible
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ProfessorEsq, Expert

I understand however, the same protocol would apply in this circumstance for retaliation. I would file with the EEOC as I had indicated above.

Customer
Ok
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ProfessorEsq, Expert

Do you have any other questions?

Customer
Only regarding unemployment - I was working 32 hrs/ week. Have been offered a weekend shift (2x8 hrs) once every 6 weeks.
Customer
I'm not sure if I can refuse that or if I am required to accept.
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ProfessorEsq, Expert

If you refuse, your unemployment may be affected.

Customer
That's what I figured. Altho I'm sure they'll let me go when I file a complaint.
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ProfessorEsq, Expert

Yes, that may be the case but you will have a claim through the EEOC.

Customer
Ok, thank you.
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ProfessorEsq, Expert

It was my pleasure to help you! Have I answered your question? If any part of my response is unclear, please let me know. My goal is to deliver excellent service, so please let me know if there is anything more I can do. If not, the next time you have a question, you may reach me by responding to this thread or starting a new one addressing the question to me directly. If you could please accept my response and leave me a 5-star rating, I would greatly appreciate it! Again, Thank you for using our site.

Customer
All good.
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ProfessorEsq, Expert

Thank you.

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ProfessorEsq, Expert

Have a great day!

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