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Boss at unemployment hearing? That’s not retaliation

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in Discrimination and Harassment,Human Resources

Generally, employees can’t sue their employers because of a personality conflict with a supervisor. Nor can they allege that it’s a form of retaliation for a disliked supervisor to show up in court in order to “torment” the employee.

Recent case: Pietro filed a series of discrimination complaints against his employer, the U.S. Postal Service. They were unsuccessful.

After he was terminated, Pietro filed for unemployment compensation. His former supervisor showed up at the hearing. That prompted a federal retaliation lawsuit in which Pietro argued that the supervisor had previously caused him to have a stroke and that his presence at the hearing was retaliation for all the discrimination complaints.

The court tossed out the claim. Apparently the presence of a disliked former supervisor isn’t grounds for a lawsuit. (Abiuso v. Donahoe, No. 12-CV-1713, ED NY, 2015)

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