Ask The Lawyer

By Debra Roth

Q & A Session – Termination for Filing a Complaint

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

I filed a discrimination complaint and am in the discovery process. Can I be fired for filing an EEOC complaint?

A:

It is illegal retaliation to fire someone solely because he or she has filed a discrimination complaint. The burden of proof is on the person claiming discrimination. In other words, you must be able to overcome or disprove the legitimate reason an agency will undoubtedly provide for a removal action.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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Comments

  1. Reda StCyr Says:
    January 17th, 2011 at 3:27 am

    I am a recipient of a cash award for a discrimination case with the Fed Govt and I can say an added retaliation charge for going after a person with a discrimination case is even worse on the Fed System so they had better have a very good reason to fire someone who has a discrimination charge pending