“My company fired me because I made a complaint to my boss”

Know your employment rights, along with what is and isn't fair and what to do if you're unfairly fired! Here's to an empowered you!

HINT:

• Were you asked if you wanted a support buddy?
• Did anyone discuss it with you prior?
• Was there a significant power imbalance wherein you were well out-numbered by people more senior than you in the meeting?
• Was reasonable time given for you to respond? OR was their decision final?

TIP: 

Carefully consider your approach and response to being fired and whether or not going through a particular process will serve you and your mental health. Our founder  - Louise Spinks, is a specialist - in this field, so if this article doesn't resolve your questions, booking in some time to find out what your rights are and what your next possible steps may be. Hang in there - We've got you covered! xo

In AUSTRALIA

Covered? 

• Yes

By who? 

• The Fair Work Act protects employees who complain about their employment conditions, such as pay, leave, hours or abuse.

Who can you apply to? 

• The Fair Work Commission and then courts for compensation and other possible legal outcomes.

What’s key? 

• Ensuring that you have detailed notes where possible and legal advice in the event you deem the circumstances significantly detrimental to you.

Within what time frame? 

• 21 days from the point at which you were fired, to commence these types of legal proceedings.

More Information? 

• Yes at www.fwc.gov.au

In AMERICA

Covered? 

• Yes

By who and what? 

• Federal law protects employees from retaliation when employees complain. The same laws that exist to protect employees from discrimination and harassment. Put simply, your organisation can’t punish you for making discrimination or harassment complaints or participating in workplace investigations AND punishment doesn’t just mean dismissal or demotion, it could be; being held back from training and development opportunities, denied for a pay rise or transferred to a less desirable role.

What’s key? 

• As long as the employer's adverse action would deter a reasonable person in the situation from making a complaint, it constitutes illegal retaliation.

Who can you apply to? 

• Either internally or to an outside body like the Equal Employment Opportunity Commission (EEOC) or your state's fair employment agency. In some instances the US Supreme Court then makes the final determination.

What time frame do I have?

• It depends on the situation and state, however it tends to be 300 days from the point at which you believe the punishment or retaliation occurred. 

Remember:

• Only changes that have an adverse effect on your employment are retaliatory.
• The law also protects employees who cooperate in EEOC investigations or serve as witnesses in EEOC investigations or litigation. 
• it is not necessary to have an attorney to file a discrimination claim with the state and federal administrative agencies.

IN BOTH AUSTRALIA AND NORTH AMERICA - The following points are key!

1. You’ll need to show a link between your complaint (or other behaviour that you believe triggered the punishment or retaliation), and the employer's behaviour. The more evidence you have in support of your claim, the better!
2. To do this, document the allegedly punishing/retaliatory behaviour. Also, keep track of historical information prior to when you made your complaint.

For example, if your Manager claims your performance is low after you make a complaint, be sure to dig up any email messages or other documents showing that your boss was pleased with your work performance before the complaint was made.

Consulting With a Workplace Advisor or Lawyer at Your Best You Coaching

If you’re feeling concerned and believe you may have been subjected to punishment/retaliation and are wanting to discuss it to get some guidance and advice, reach out to us at https://louisewithemployease.com/contact/ to understand what your next best steps are, what you can come to expect and how we might be able to assist in the process.