I have my doubts. I'm sure she feels like the victim.
No, it would be an EEO complaint. EEO involves discrimination either in employment or termination for one of the protected elements under EEOC law. Those are: Religion, Race, National Origin, Color, Age, Sex, and Disability. Also an EEO can be filed to complain of an adverse employer action based on previous EEO activity under the broad spectrum of Reprisal. To further complicate matters, under EEOC rule, any employee has the right to file an EEO complaint, not just the discriminated against person. This is where things can get really hairy for a employer, in that they could face an EEO complaint by not just the primary complainant, but also that employee's fellow employees should they decide to go after the employer.Her argument wouldn’t be EEO complaint, it would be wrongful termination. She’d most likely lose unless it’s settled for convenience because 1A isn’t protected in the workplace.
https://www.shrm.org/resourcesandto...es/employee-free-speech-in-the-workplace.aspx
No, it would be an EEO complaint. ...
The handling of EEO complaints was something I did for many years. The EEO complaint system can be and is often manipulated against an employer by savy employees. Which is why I stopped handling them.
I fully agree and understand. I handled hundreds of EEO cases and maybe a hundred EEOC Admin Judge hearings over 25 years of doing them. The thing in this case I was pointing out was that as in any EEO, the complainant has nothing to loose and thus filing the EEO is a headache and nightmare for the employer.I can see your logic there, but I think the prima facie elements for an EEO termination would not be met assuming the cause for termination is covered in the employee handbook. I’ll honestly say that most terminations aren’t handled appropriately from an HR perspective and do leave the employer open to litigation risks.
Your last statement is why I’ve chosen to stay out of that specialty in my HR roles.