Wrong about prevention. Retaliation and mobbing occurs most often if you are a threat... not dead wood. A threat is a capable employee who is often a hard worker but expected an employer or management to really follow their own policies and will stand their ground on that. Your value disappears in a heartbeat when when you accidentally shine a spotlight on someone with more power who got egg on their face as a result.

Lol. The company will never admit to 'punishing' anyone for a 'protected activity'. They will fire you for other, 'made up' reasons. We all know this.

Uh, I became a valuable employee and it was threatening to my boss so he retaliated when I raised ethical concerns. It's not true that all supervisors want to protect valuable employees.

The performance part is tricky . Sometimes the employer wants to get rid of you and will foster an environment for poor performance for eg. Exclude you from important meetings and provide half baked information , deny access to resources, not share access to tools or information . This happens a lot in the software industry where it is a struggle to perform without sufficient access or knowledge. Sometimes you are given tasks that are not part of the role you were hired for but your performance is measured for those tasks . It is very tricky on how performance is measured especially when a person is terminated for reporting something illegal.

Great stuff. My former employer has a fight on their hands….. Stay strong my abused brethren.

Sometimes due to a gentle quiet empathic personality in a narcissistic bullying setting the person is abused no matter how great the of an employee they are. They are just seen as toys to play with by the narcissist boss and coworkers. And some professions draw narcissist like a magnet. Software engineering is one of those professions.

This guy does know what he is talking about. I wish I would have came across his videos earlier. He is giving a lot of info he does not really have to reveal. It is all on the Internet, but you really have to research for it. He taught me a lot in just this short video.

I was doing my job, the merchandisers job, my managers job, my AGM's job and part of the GM's job. I asked for a raise and less then 30 minutes later I was given a verbal and 2 write ups for bs all at once. So I immediately put in my 2 weeks and stopped doing all the extra work. After a few days of people having to do their own jobs I was "let go due to poor performance" I was doing my exact job description. I guess they really wanted to do their own work.

I wonder if management gets fired, for causing the company thousands of dollars, for retaliation, hostile work environment, harassment, discrimination ECT..

because words evaporate, I always put everything in writing as it is more constant. i am always respectful/civil because kindness deflects anger. If the bullying continues, I use the paperwork with consequences method.

I have just recently been terminated. I spoke with an attorney and they have taken the case of retaliation. Unfortunately I am now unemployed in the middle of covid and the first of the month. Imagine that. Thank you for your video.

Great info. The only thing I will recommend is either complaining or making requests in writing DIRECTLY to your supervisor. Apart of prevailing on a retaliation claim is that your supervisor needed to have prior knowledge of your protected activity. If you complain to HR and HR never "formally" informs your boss, your boss can legally make a claim that the termination occurred with no knowledge of your protected activity. When you have emails of your complaints to your boss about your boss' actions or requesting a reasonable accommodation, the company is in a very tight spot to defend the claim. Even if they assert the reason they terminated you is because of poor performance: your written complaints about the bosses actions could convince a judge or a jury that their reasons for firing you for poor performance are pretexual, and the real reason is because you engaged in protected activity.

I was fired without noticed. Employer stated I was fired for misconduct. I was denied EDD therefore I filed an appeal. I was asked to do a lot of illegally activities at the office, I refused to let employer take my notary for employer to use it on her personal use. I was asked to forge signatures . that is why i was terminated. I have not received EDD in a year, still fighting this issue.

I definitely need to contact your office. I had issues with someone harassing my coworker and when I went to my Senior VP and Human Resources nothing was done. Then I got let go for "work performance" which didn't make sense given I was new to my role and I was performing adequately.

Great video! Wish I had this type of information a couple years ago. Currently in the middle of a retaliation/whistleblower lawsuit. I was trying to get former employer into compliance with state fire codes, OSHA regulations and FAA tower lighting regulations. Was fired for not being a team player and making peers "look bad". Since then they have worked to blackball me.

I appreciate you taking the time to share this information. It is priceless.

Thank you for the video,lm victimized at work for lodging a grievance at work and the retailite by opening protection order for abusing the child,instate of escalating my grievance.I suffer major depression and Anxiety and admitted in psychiatrist hospital twice.

The eeoc JUST found A restaurant I worked for guilty of retaliate & wrongful termination. The managers made up Nonsense based on a call that we had weeks prior to the actual discrimination. Had I NOT did all my communications through text, I wouldn't have had the smoking gun to prove they were lying. This video truly helped me out, and now I'm waiting to see if they'll accept our offer

I love this guy, he’s got Intelligent skills of breaking down this subject! Thanks

I've watched this video several times! Thank you! Another informative video for those of us going through workplace retaliation. 😥

Great videos, very informative and engrossing! Branigan speaks with style, substance and clarity! Thank you!

Thank you Branigan for sharing your experience and Knowledge :)

Thank You....I need this ‼️

You can’t stop retaliation 🤦‍♂️ shows how much he knows. If someone wants you out there going to hit you with everything they got even if you write a nice letter.

needed this. thank you. been doing alot of research and this was very helpful

I have a labor hearing on Monday just brushing up thanks for the info!

I am a super valuable employee who stands up/stands strong for herself in the field of education. The way they’ve “gotten around it” is by moving me each year, demoting me, lessening my responsibilities in an effort to make it difficult for me to move out of the district. I even have great evaluations. I have audio recordings, years worth of emails, documentation, etc. I’m just a pain… and recently, local union leader that’s in consultation with the district’s leadership…. Kinda stuck between a rock and a hard place. Do you know anyone near San Antonio Tex??? Thank you!

I wish I could have found you 2 years ago I still have an active case in feds court but you explain these things so much easier YOU ARE A GREAT EDUCATOR!!!!

Thanks for the video. Two years ago I've had a tough time looking and keeping jobs due to my military reserves. Under USERRA it is illegal but still I caught drama and crap on the job just for that. Good information you put out there.

I was retaliated against by my DM because of complaints made to HR regarding his harassment & racial discrimination. This video was really informative and gave me alot of info that I didn’t know. Thank you Mr!

Doesn't work at my place of employment. They don't hear anything you say. We have suprrvisors that lie on employees all the time. Just because an employee is written up does not mean that they actually did what the supervisor said the did. My supervisor lied on me in evaluation. I filed a grevience had a meeting with his boss with the union rep...he still continued to harass me.

Thank you Sir for your great video! You are doing so much for those who are in need of some good honest advice. You did a great job explaining everything in a simple manner. Thank You

Thank you for posting and sharing this video, this is great!

Thank you I really love your work and guidance. I’m I fl and don’t feel we have this much assistance . You seem very honest and you seem to really want to help the people and educate us . Thank you for all your great videos.

Most of the people you refer to for retaliation or harassment are management or a supervisor. What if the retaliation & harassment is actually coming from HR?

I am definitely going to binge watch his videos. I wish he was in New York.

Although I'm in Illinois your videos are formatted so useful that I have been able to assist in my wrongful termination case within the steps and guidelines you put forth..... YOU ROCK .... KEEP UP THE GOOD WORK 👌🏾

i was a great employee untll i got awarded 100% disability from VA. sent the letter to my supervisor and he forgot about it. Then 4 months later, i requested RA for that disability and shit started hitting the fan when they realized i already told them about it and now they are covering themselves

At my recent past job I was never payed over time. Never given proper lunch breaks. Worked on the road for 10-20 hours a day. When chose to resign I wasn’t given my final paycheck till around 3 weeks after I resigned. I was also told I couldn’t receive my final paycheck unless I filled out a w2 form even though I was working under the table and a w2 form was never brought up in time of hire. After falling asleep while driving and being told, “its ok just get the job finished” I chose to resign and after that is when my old boss chose to not give the final paycheck.

Sir, you are the best! Keep doing what you are doing😉

I will only be discussing California law because that is where I have my bar club membership that allows me to practice the private foreign for profit legal system. Good video.

My wife works for a subsidiary of Qualcomm in Sorrento valley area of San Diego California. The company she work for his compass they provide staffing for Qualcomm

Re: prevention; you can be the most valuable employee with an incompetent boss. I was the most valuable employee, and my boss was in trouble, and he wanted to poison the well by getting rid of me. It was an absolute nightmare. I had to prove that the boss was building a pretext- luckily I was able to claim discrimination based on either of two protected classes.

This video is perfect!

I reported workplace harassment against my supervisor, then a few months later, she retaliated and said I didn't earn the year-end bonus in December which I received every year previously.

For what it’s worth hearing your information and the gist of what is considered retaliation helped at least bring down the anxiety/fears for tonight that I suffer from anyways to begin with that’s well documented. Your information is better than my lawyers consultation fee alone here in NYC too bad your In California

Thank you!

Another great video, your amazing sir

Excellent my friend Learned so much from U the out the years 💯💯💯

Thank you I need a lawyer asap Old company destroy my career and harass me for 2 years

Oh my gosh these videos are so so good

Dear Branigan! You are one hell of a lawyer. Thank you. Could you please do a video on out of court settlement where employer threatens the employee with costs pre-trial even before evidence is presented? In this particular scenario the employer has wrongfully revoked my friend's ability to work anywhere. Employer continues to demand settlement but no offering to clear her name. Spiteful attitude...

I need you to represent me. My attorney has never explained these things. I have many union witnesses and including upper management, and this guy thinks it's a turn and burn. I know after listening to you would see my case and be dang... he has everything I need to win for both of us.

This is so helpful, thank you so much!

Thank you

Im on my way to have a conversation before my situation turns into this, wish me good luck cause I'm facing some liars today

I think you are an engaging presenter with great advice.

Nice video! Wish you were practicing in my country.

Love the use of a whiteboard in a YT video….sometimes simple is best! 😂

Awesome videos…. Will be calling you.

I was becoming the target of retaliation from a group of Christian bullies who were pissed I wouldn’t join their hate mongering campaign against another supervisor. I found another job 30 minutes away in the next town right away. I wasn’t going to tolerate it or try to go to HR. I was pretty sure the bullies had relatives in there. Hospital jobs are not hard to find. Turned in my two weeks notice. Left them with no full time nightshifter right before the holidays. All the dayshift employees had to rotate. Haha. To add insult, I convinced my new manager to recruit the targeted supervisor. She came right over. Left them with no blood bank supervisor after working there 20+ years. That was an extremely satisfying experience.

Sure wish you practiced in Oregon also. We need you up in Portland, OR.

Mr. Robertson, At the 9:26 mark you state that "if other employees complained about the EXACT SAME THING that you have, but they DID NOT get fired (but you did) it's gonna make it more difficult to prove your case." I am confused. Wouldn't that make it EASIER to prove? If two employees complain about the exact same offense, but only one is fired, doesn't that make their case easier to prove? Thank you.

Today I was suspended for 3 days without pay for not completing my nightly closing duties. I believe it is because I wrote down all the items we are missing on our communication form. I work in a grocery deli which is grossly mismanaged and has been short staffed since I started. The deli manager of 15 years and soon to retire doesn’t take ideas and solutions very well. An email I sent to upper management when I came to the department was ignored for 2 months. Once read a week later I was written up for being late. Nothing has gotten better, I then got written up for not doing what my manager requested which was not part of my closing responsibilities leading to failing to complete my responsibilities. I can’t win. I work hard and because I put a spotlight on the mismanagement of the department, I am made to out to be bad guy.

I whistleblew on some serious compliance regulations. The Head of HR was my aggressor. I made the CEO aware. I have filed with the EEOC and The Fair Housing and Employment. I'm actively looking for a lawyer in California. I would like to speak with your office Mr. Robert's. My paper trail and witnesses are ready for review.

Thank you👍💯

Brandon you should teach law, you are great!

I reported a supervisor for sexually harassing coworkers then after that I had a target on my back before I made these complaints I had perfect attendance I got a promotion then they made up a bogus reason to fire me the supervisor who did it told another CO worker that he finally got me out of here and he'd been trying to do this The whole time he didn't know that that coworker was a guy I grew up when we was kids They tried so many things to get me to quit but I would never quit like Sending me outside in the Winter on Fork left in the snow ❄️ and in the rain 🌧 I worker night shift they told the guy on first to let all work Pile up on me hoping that I will quit But it never happened I have been fighting this case for 3 years now

I LOVE YOU DUDE!!

This is fantastic! I vote a Twittee Tips Tuesday!

thanks!

This was very interesting and informative video. I find law very interesting

PREV employer. Did to me . I was hired to do one job then moved me to another dep. Cutting my pay. Then they wanted to move to work at a yard with a 10.00 pay cut. Then I got fired. Ops manager admitted to cutting my hrs because I did not want to be out in the field for more than 15 days.

you helped me to keep my job (by now) hahah! THANK YOU, like and subscribed :)

How I wish you were in my state. I filed a complaint about a manager altering my time. I to am a manager. Well, after I contacted my HR, I was put on second shift (which I never had to work before) after that, the other manager confronted me about the complaint when I got to work one day. Not only do I now work second shifts, I work every single weekend and the other manager and I have the same job title, HE makes more than me and, we are paid salary (exempt) when, the only manager duties HE allows me todo is the paperwork every weekend. In fact, my district manager asked me to come (back) to that store because “it had gone to crap.” I specifically asked if I would be working every weekend (the reason I transferred the first time) or, would I be thrown on second and he said no. I have worked many of my days off because I am salary but the other manager does not. He does not work weekends but yet has no children but I have two boys and I am married. I could go on and on about the way I’ve been treated but the one thing that really bothers me is, knowing how much I have benefited a company only for my supervisor to make a comment that he wished he could fire everyone, he was mad because I took my 3 days off like the other managers got when he thought I was going to work. Basically I finally stood up for myself to be with my family during the holidays. 😏

verdedero mucho gracias

How do you prove retaliation when it’s the HR director who is doing the retaliating for a complaint made about HR not doing their jobs correctly?

Problem about "unsafe" work environment..... In some states like Mississippi, OSHA does not have any authority over any state govt entity or state govt affiliation...including all state medical entities.. Conveniently.

I was verbal bullied threatened and harassed for a week…I notified manager but he did not resolve issue..I then told my boss Monday morning that I was going to HR to report..Hr did. Not investigate…instead I was forced to resign….I then submitted a my issues with eeoc…I am stressed and still out-of s job …bills to pay…do I have a case?

😲😲Not in California but appreciate the informative video, thank you.🤝🤝

There is no Human Resource Dept at my job here in California. I also have no assigned Supervisor over me. The company's 'Controller' (the man who hires and fires) is who I have been instructed to go to if someone is harassing me. The Controller is the person who is harassing me. I feel that he's in the process of clearing out all of the older employees in the office that I work in. An example of the harassment is: He will give me a project that requires that I get certain information from other employees but before I have the opportunity to ask those other employees for the information that I need to complete the project, he goes to them and tells them that they "are NOT to allowed to give me the information or help me in any way". He gives me work that requires that I get information from other departments but he goes and tells those people that they're NOT ALLOWED to help me. In the past he's placed me in positions with the company that have came up due to an employee being transferred to another department, but has forbid anyone in the company to provide me with any training for that position. As an example, I was hired as an Administrative Assistant but when the person who was doing the company's Accounts Payables got transferred, he threw me into that job without any instructions or training. To his surprise I went on line at home and did a crash course on how to do Accounts Payables and was successful at it. Over the years when they've hired other employee's, they're provided training on how the company's paperwork flow goes and the basics. But, the Controller with held that training from me on several occasions and I couldn't ask for help from any other employee. I've been at the company for a decade now and I'm older and now he seems to be up to his old tricks again. I believe it's because I'm an older worker and he's weeding out all of the older workers within the office that I work in. The company has been sued by previous employees for "accidents" on the job, so the company literally keeps lawyers on retainer. I know this because I pay the attorney fees whenever the company uses them. This company has been sued and had to pay out $1.4 million in damages to one employee due to an accident. Another time they were sued and settled out of court for $750k. And, they were just recently sued and settled another case out of court for $500k. I'm not looking to sue, I just want to be treated fairly regardless of my age. I'm too young to retire and I have to work and support myself. I've been doing my A/P job now for almost ten years and now all of a sudden the Controller is starting up with his old tricks again. At my age, finding another job is very difficult here in California. How is it that I've been doing the same job for the past 10 years successfully and now I'm not? I never miss work, rarely ever even call in sick. California law gives you three paid sick days out of the year, last year I only used one of my sick days for the whole year! If I were to complain about the Controller who is second in command at that company, I would have to go to the President/Owner of the company and he's going to take the side of the Controller. I mean very little to the President/Owner of the company. I'm just a lowly employee that can easily be replaced.

I guess it's helpful that I've been there for four years and this is the first time I've had big problems. My leads and other managers have been connected at the hip was really good friendship but it's all stopped. It all stopped after HR meeting with that Manager. I'm still working there and trying to document things as they go. Maybe I'll do is you suggest and write a letter to HR but I fear that because they took his side last time. HR even told me how they had a really great relationship with this manager since they've been talking for days. That don't make me feel any better. I am in Minnesota, so I'm sure the laws are different.

I complained to HR about harassment from my Lead Supervisor,... the next day l was written up for b.s. issues (4) and made to stack 6 pallets of wood parts by myself which was usually done by another dept. The next day the Lead Supervisor called me into the office and gave me an insincere apology. .

Thanks for all your videos I wish I can hire you in my case.

My employer has a severe problem with selective enforcement of rules and regulations. The managers clearly pick favorites that are exempt from performance and disciplinary actions taken against them. Those they do not like or have had disagreements with are placed under more scrutiny than these "valuable" employees. For example, there are at least two employees I work directly with that clearly are not held to attendance standards, clearly missing more days without medical excuses than should be allowed, and arriving late regularly, and others are not held to the standards of cell phone possession in the workplace. While the rest of us are held to these standards, with increased scrutiny the less the boss likes you. Is there legal protection from this kind of behavior?

This was very helpful...i feel better going to work tonight! 😃😁😃

🖐🏼Problem is the definition of "valuable employees," among corrupted companies. Otherwise, "whistle blowers" would always be valued, not retaliated.

I sent an email to HR that continued retaliatory harassment by a coworker (based on a protected status) was effecting my mental health. HR followed up the following workday after hours to inform me that I was placed (against my will without an evaluation) on medical leave by a physician (not licensed in mental health) and could not return until a company provided psychiatrist found me fit for duty. The same company physician sat on my exam results (which I was not allowed to see) for a whole week.

When I proved the coolant was harmful to my skin with pictures I was seen as a trouble person. Workers compensation company said it was a self inflicted injury. I wasn't payed for the days I was told by Drs to stay away from those chemicals. They still didn't change coolants knowing that it hurts me. I was told to not use said chemicals.

When putting the company you work for on notice please put it in writing. When I approached my H.R. dept I did it in person and verbally. There wasn't a policy in place in my handbook about putting anything in writing so I didn't know any better. My response from my H.R. dept was verbal as well. Although I was able to verbalize my fear of my supervisor I was verbally instructed to stop speaking because I was leading on insinuating S.A. So much courage is required of oneself when talking about this kind of abuse. What I really needed was to have a safe place to talk about physical and psychological trauma I experienced from my supervisor. Nevertheless my employer directed the narrative by making it appear as though I simply wanted to create drama. I was terminated 2 weeks after sitting down with my H.R. dept in trying to speak out about S.A. I'm not sure the legal system takes into account when a subordinate works for a company riddled with management who thrives on the use of fear and intimidating tactics.

My job performance was never in question. I was the best at what I did according to my coworkers and I defended my honor against a bad manager, whom I filed a formal complaint against. Nonetheless, I was fired. It was simple retaliation and I have all the documentation to prove it.

What if you get written up after complaining verbally to your boss. For example you decided not to say anything because you’re new to the department and don’t want to be considered a whining person.

Unfortunately i have to disagree, valuable employees do complain, often times believing bc they have been good workers they will be taken seriously "unlike other people who complain." this stigma is exploited by employers to easily devalue an employee ie "this person complained, therefore they cannot be a good worker." However, I do appreciate that you're giving more of a jury's point of view as a way to approach it, thank you for the great video!

I was mobbed for 8 months at my job but didn't know why until a married man revealed he wanted me. I told one of his friends I didn't mess with married men they in turn went to HR and reported I didn't do my work sufficiently. These people did not work in my department. I was fired when I said the reason why you have the complaint about me is because I refuse the advancements of a married man. The only way I can win my case is to get their text messages which I know they did for 8 months until he approached me. Would it be possible for the lawyer to get eight months of text messaging from 7 people. This led up to my firing

I’ve never had write up I go above and beyond I can get a written statement from around 200-300 tenants.

I use to work Saturdays, but the Dispatcher took me off, because I complained too much about safety.

Video starts at 3:04

My wife was being harassed at work because she believed her co-worker was being abusive. When my wife filed the complaint her immediate supervisor demoted her mabis public spectacle of her and was very vocal about her verbatimIF SHE WANTS TO COMPLAIN SHE CAN DO IT FROM THE RECEPTION DESK!!! THE LADY PUT MY WIFE STUFF WITH HER NAME ONanybody who worked in the immediate error and or pass through the area saw that she was demoted and that she was in trouble. This was so traumatic for my wife she came home from work and she was in a morbid states of depression. She did not know what to do. I advised her to call an attorney because what she did is a protected action. When my wife took my advice partially but instead went to HR instead of calling a lawyer. I told her to record all conversations with HR and she did just that. She has him on recording trying to persuade per to discontinue her claim in to settle for getting an office back and she agreed to not pursue litigation in some form that she signed. She did this under duressand furthermore she fears that if she pursues this any further she will lose her job which she needs. This happened only two and a half months ago. The statutes of limitation is nowhere near expired. She has a whale of a case. She has been so mentally distraught buy this it has caused us marital problems. She has been in a State of shock and morbid depression. I feel like this caused me to lose my wife I am devastated by the activity that took place at her place of employment (

What if I had no written warnings until they realized it was me who called osha, they wrote me up at 141pm and at 330 I was fired. No verbal warnings before or anything