Involving the Equal Employment Opportunity Commission in my Dismissal

[qualityleashdog]

I've done some serious damage in my facility by registering a complaint with corporate human resources. The complaint involved attempts against me at constructive dismissal (targeted at me), bigoted slurs by management (at others) and management creating a hostile and unprofessional work environment (for me and others in my department). I'm not going into the specifics of who said or did what, or if there is any basis for a case. That could be debated endlessly and fruitlessly here.
Basically, I was guaranteed protection from retaliation by human resources for filing and participating in the complaint. Management on the local level suspended me two business days after they became aware of my involvement in the complaint, they have not fired me because they do not have any corraboration to support their allegations. I'm ready to leave the company. I've been suspended for over a week now, and three days is the standard for any suspension. After three days, you either fire or forgive. But they will do neither, presumably in an attempt to duck my unemployment claim. I know that if I do not leave now, I will be leaving 2 months, or 5 months from now, and it will be easier for them to say my termination is not related to retaliation. I will forever be in their crosshairs.
I know I can get unemployment by telling the details of my case to the state. That is small potatoes, and quite the wait.
My other option is to file a complaint with the EEOC, and have the government investigate. I'm going to discuss the specifics again with corporate, and I'm sure they do not know what has happened and will be very quick to do damage control because my employer has retaliated against me for filing a complaint of 1) constructive dismissal, 2) bigotry, 3) creating a hostile work environment. I'm sure they'll realize their facility has opened up the larger corporation to a nasty lawsuit based on their reckless behavior.
So my question: Do I tip my hand to corporate that I am on the verge of filing a complaint with the EEOC and sending a proctologist with a microscope to my place of employment? Part of me says make the threat, because they may offer me a nice severance package to keep my mouth shut. The other part says no, because if they want to play hardball and are confident they can do damage control internally, they will shred/doctor the personnel files and other documents before the EEOC can get there. I know it is illegal for them to destroy evidence, but who is to say it ever existed, if they cannot find it? I don't expect my employer to incriminate themselves. But if I don't make the threat and tip my hand, I don't see where I have much of a chance for a settlement. And I'm all for a settlement, because I don't want to settle on a low-paying job or unemployment for the next year while the EEOC and/or my lawyer pursues this situation. What does everyone think, please?

[MLS]

Get a lawyer.

When I was laid off from Big Financial Company they offered me a severance package. I had a lawyer who was expert in corporate law review it. He wrote a very polite letter suggesting that in the terms of the severance were insufficient given my many years of excellent service. Oh, and by the way, he added in proper legaleze, we have noticed that MLS was the oldest person in the department and the only female. He suggested a larger severance payment. After due consideration BFC decided he had a point there and upped the payment significantly.

Now, I know your situation is different, but really the best person to handle this appropriately is a skilled attorney.

[Ethilrist]

Basically, I was guaranteed protection from retaliation by human resources for filing and participating in the complaint. Management on the local level suspended me two business days after they became aware of my involvement in the complaint, they have not fired me because they do not have any corraboration to support their allegations.

Those three statements confuse me somewhat.

Who guaranteed you protection? Doesn't seem to be working too well.
If management became aware of your involvement in the complaint, whether or not you tell them about it is kind of moot at this point.
That they have not fired you might actually have more to do with point #1, i.e., somebody guaranteed you protection.

Get a lawyer. Start considering the possibility that this is a career-ender.

[qualityleashdog]

Originally Posted by MLS

Get a lawyer.

When I was laid off from Big Financial Company they offered me a severance package. I had a lawyer who was expert in corporate law review it. He wrote a very polite letter suggesting that in the terms of the severance were insufficient given my many years of excellent service. Oh, and by the way, he added in proper legaleze, we have noticed that MLS was the oldest person in the department and the only female. He suggested a larger severance payment. After due consideration BFC decided he had a point there and upped the payment significantly.

Now, I know your situation is different, but really the best person to handle this appropriately is a skilled attorney.

I couldn't agree more. I'm going to look around on Monday, and see if any from the city will work without a retainer. I know that many want money upfront, and I know none of the local guys even want to get involved because, hey, they all live in the same town and play golf and eat lunch together. I'd love to have a lawyer represent me, and would be glad to share a settlement with them. But if they won't work on a contingency, I'd have to go it alone. Probably a good explanation as to why working conditions are so poor in this country: management treats labor like crap, and knows they will have no money for legal aid when they try to call them on it, because hey, they took away their income! But I'm not afraid to face them myself when I have no other choice.

[qualityleashdog]

Originally Posted by Ethilrist

Those three statements confuse me somewhat.

Who guaranteed you protection? Doesn't seem to be working too well.
If management became aware of your involvement in the complaint, whether or not you tell them about it is kind of moot at this point.
That they have not fired you might actually have more to do with point #1, i.e., somebody guaranteed you protection.

Get a lawyer. Start considering the possibility that this is a career-ender.

Don't be confused, I had problems with management in my building. I went states away and called in corporate to address the problem. As described as my right, in my employee handbook. The guy from corporate 'guaranteed' my protection, but now that he has gone home, management in my building is pulling a few stunts to retaliate against me. Now, I get to go back to the guys at corporate to inform them of the situation. I'm prepared for this to be career-ending. But, I'm only willing to walk away if I can be compensated for the career-transition I'll be forced to go through. If I didn't think they would settle, I'd just take it to the gov't to begin with. In my opinion, corporate is going to view my management as having opened up the company to a lawsuit by me, and perhaps other consequences. That's why he guaranteed my protection, because he knew that retaliation is illegal, and they don't want a lawsuit, or the gov't nosing into their business. So informing a corporate officer states away about the fallout of his investigation is not a 'moot point.' I doubt he knows much about what happened after he left, if anything at all.

[Duckster]

IANAL.

Do not tip them off. Making a threat to them can undermine your case.

If you are unlawfully discriminated against, that's a violation. If you are now being retaliated against, that is another violation. Keep a low work profile. Do not give them any reason to fire you, i.e., keep your nose clean. Document every encounter, no matter how meaningless the encounter. Years ago, I had an employer that was an absolute ass. Somehow (can't remember) I got in the cross-hairs of someone. When it became known the little book I carried was not so much for business notes at meetings, but a business diary where I was recording everything, they backed off. May not work in your case, but it may offer a shield of sorts to keep the hounds at bay. If you try it, you can never, ever leave your diary where anyone, at anytime at work, or elsewhere could get a hold of it. Really, as in never, ever.

And yes, file with the EEOC. The retaliation as well.