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How-To: Sue for Post-Termination Retaliation


Background: Your employer fired you after you complained about employment discrimination
Problem: That same employer continued to retaliate against you after your termination
Solution: You sue your former employer for post-termination retaliation

I. Definitions

Discrimination
the unequal treatment of parties who are similarly situated. Federal law prohibits discrimination on the basis of race, sex, nationality, religion, and age in matters of employment, housing, education, voting rights, and access to public facilities.

II. Legal Citations

42 USC §2000e-3 | Other Unlawful Employment Practices
"(a) Discrimination for making charges, testifying, assisting, or participating in enforcement proceedings. It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment... because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter."
29 CFR 1625.10 | Costs and Benefits Uder Employee Benefit Plans
"(d)(5)...This is by reason of section 4(d) which provides that it is unlawful for an employer, employment agency, or labor organization to discriminate against any individual because such individual “has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or litigation under this Act.”"
29 CFR 1630.12 | Retaliation and Coercion
"(a) Retaliation. It is unlawful to discriminate against any individual because that individual has opposed any act or practice made unlawful by this part or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing to enforce any provision contained in this part."
29 CFR 1635.7 | Retaliation
"A covered entity may not discriminate against any individual because such individual has opposed any act or practice made unlawful by this title or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title."

III. Samples

# PDF Comments
1logoAdobeTBD case. USFLMD. Pro Se Filing. 2020. §1981 Case (+ §760 FS). Financial/Professional/Lethal.iconPriceTag
2logoAdobeUSGAWD. 2004. Attorney Filing. College Professor. False Statements from Former Employer.iconPriceTag

IV. Templates

# Link Comments
1iconMSWordReplace all of the placeholder tags with real information (eg "[plfName]" becomes "John Doe").iconPriceTag

V. Quick Commentary

VI. Additional Notes

  • Estimated Time ≈ 4-16 hours

VII. Additional Resources

VIII. Bibliography

IX. Conclusion

Basically, to sue your former employer for post-termination retaliation you must show that (a) your former employer knew that you complained; (b) something really bad happened to you; and (c) that bad thing was related to your former employer.

...POINTS & THINGS...

Congratulations! You're now booked up on how to sue your former employer for Post-Termination Retaliation!

Please get the justice you deserve.

Sincerely,



www.TextBookDiscrimination.com
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