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DOL visiting? Don’t bar employee who complained

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in Employment Law,Human Resources

When the Department of Labor or another governmental agency says it is sending an investigator to the workplace, there’s a right way and a wrong way to respond.

The wrong way: Removing the employee whose complaint you suspect spurred the authorities to visit.

Recent case: Malik complained to various agencies that he was being discriminated against in an apprenticeship program because of his national origin and religion.

On the day that a Department of Labor investigator had announced she would be paying a visit to Malik’s workplace, Malik was escorted from the premises, allegedly for missing required training sessions.

He sued, alleging he had actually been removed to prevent him from speaking with the investigator. The court said his lawsuit could go forward as a claim of possible retaliation for contacting the DOL. (Donadelle v. Diamantis, et al., ED NY, 2017)

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