When filling out the EEOC intake questionnaire which is the right way

[russharv63]

My wife was fired for filling out a Virginia workers compensation claim. I am helping her fill out the EEOC intake questionnaire for retaliation. In the questionnaire it asks for the "number of employees in the organization at all locations." The choices are: fewer than 15, 15-100, 101-200, 201-500, or more than 500. She was fired from a fast food franchise. She was fired from one of the franchisee stores. Do we put down "15-100 employees" which would represent the franchisee store or "more than 500 employees" which represents the whole franchise?

 

[cbg]

Why are you filling out an EEOC form for a workers compensation issue? The proper venue for a claim of being fired for filing a workers comp claim, would be the workers compensation board for your state. The EEOC has nothing to do with workers comp.

 

[Betty3]

Here's a link from the Va. WC Commission: http://www.vwc.state.va.us/portal/vwc-website/FAQs

Can I be fired for filing a workers' compensation claim?
You cannot be fired because you filed a workers' compensation claim nor can a witness be fired. You should consult an attorney if you think you were fired for one of these reasons. These actions are brought in the Circuit Court.

 

[cbg]

Yes, let's be clear.

I'm not saying she doesn't have a claim to bring. I'm saying that the venue for that claim is not the EEOC.

 

[Betty3]

Oh, I know you weren't. I just posted the link for the OP from the WC Comm. re how to handle if fired due to filing a WC claim. (get an attorney) Agree, you do not go through the EEOC for being fired due to filing a WC claim.

 

[cbg]

Thanks, Betty, after I read your post I realized that I should clarify for the OP's sake. It's all good.

 

[Betty3]

Oh ok - no problem --- like you said all is good.