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retaliation from my chain of command

(249 posts)
  • Started 2 months ago by kendred
  • Latest reply from littlelulu

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  1. kendred

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    Hello,
    I work for the city in my town as a dispatcher and ever since I transferred due to a knee injury from the streets as a paramedic, my Supervisor has had it in for me.
    I've never been disciplined in the fourteen years I have worked for the city I don't abuse sick time and I have never been late for work.

    I was in an investigation that was conducted by the city and for awhile they left me alone. Time has lapse and because I didn't know what to do, I did nothing hoping they would just leave me alone and let me do what I know to be my job. I say that because no set standards are in place yet, if they feel you have done something wrong, charges for discipline can be brought up against you.

    My supervisor has said point blank "You are never to speak to me" and when I wrote to her explaining and asking for the procedures, policies and standards of performance, I have been a target ever since. She never responds to anything I write and on one occasion I received a notice of transfer to the day shift. This creates a hardship for me because I'm in school and I take care of my mother's needs during the day. I went to the Chief of the Fire Department and he said it would be taken care of not to worry.

    I declined a second interview for a promotion on the day I was to be moved to days out of fear of entrapment only to receive notice from my supervisor that I would Not be transfered to days. This was in Oct 08, and on Sept 2 2009 I interviewed for another position but declined and the Chief's secretary called, saying the chief wanted to interview everybody that was on a New list, because he had thrown out the old list that wasn't expired and only African Americans were on that list. The whole process was changed so that a Caucasian female who is friends with the supervisor could apply and by the way she got the job.

    I received a Need for Improvement just days after my successful rating so that I wouldn't Qualify for the new position is why I wrote the Chief. And now I received another notice of transfer to days as well as my Lead who is Caucasian because they are mad that he worded the need for improvement in a way that wouldn't harm my record. I am so worried and afraid, I know she wants to harass me when I go to days and push me so that I will be considered insubordinate which will start the ball rolling for progressive discipline and fire me.

    I am a fighter yet with school and taking care of my mother ( and taking medication because of the stress being in there has caused) may be more than I can stand. Being on nights eliminated her from contently nick picking and the Lead on that shift is petrified of her, she feels confident that she will win. I am determined not to let this happen but knowledge is the reduction of uncertainty.....Please help me!!!

    Posted 2 months ago #
  2. sleeplessCOP

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    kendred, we thank you for visiting the Forum ---

    it sounds like we work in closely related public safety worlds -

    you are wise not to ignore the early warning signs you are getting and you have come to the right place -

    as you probably know already ....document everything, e-mail with supervisors as much as possible, keep a daily journal-dairy of details in a bound volumn that will establish chronological evidence, etc.

    ...are you under collective bargaining? and/or work for a political county sheriff's comm ctr? -

    give us more details on your ethnicity, age, any disability or negative health from the hostile workplace ...

    others will join in with very useful info and shared experiences -

    hang in there and stay in touch,

    just a non-lawyer 2 cents ... s'Cop

    Posted 2 months ago #
  3. OnYourSide

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    Hi, Kendred -
    Give us a little more information about your mom, too - what does she have going on that you need to be helping to take care of her? The reason I ask is because you could be eligible for Intermittent FMLA to care for your mom's serious health condition, and if the city in any way interfered with your right to provide care for your mom, they've broken the law.

    Also - does the city have an Employee Handbook? Do you have a copy of it in your possession? If not, you should - immediately - ask for a copy of it and keep it at home.

    Do you have copies of ALL of your performance appraisals from years past? You should. If not, immediately ask for them and keep them at home. In fact, if your state permits you to request a copy of your personnel file, request it, in writing.

    Hang in there.

    Posted 2 months ago #
  4. littlelulu

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    Welcome to the forum, Kendred.

    WOW - how old is your supervisor - 16?? She sounds like a real piece of work. You can't talk to her and she refuses to answers your questions. What kind of SUPERVISING is that?!?!?!

    I was just headed the same direction OnYourSide was as far as your needing to take care of your mom and FMLA. Make sure you are documenting EVERYTHING because she WILL need it at some point. Also make sure to sign up for Curt's free 7 part series or better yet, purchase the book. I don't know WHAT I would have done the past 15 months since I found this website without the support of Curt, the forum "family" and his book.

    Posted 2 months ago #
  5. kendred

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    Thank you sleeplessCop and OnYourSide
    I'm not under a collective bargaining union I work for the city of ***** (Forum Moderator Edit). I am African American over 40 years old and a female I was referred through the city EAP program and i regularly visit a psychiatrist I am currently on intermittent FML.

    My mother is schizophrenic and diabetic, partially blind yet she lives independently from me although I provide transportation for her to and from Dr. visits and groceries and she depends heavily on me for this. The city has a website with all administrative rule and regs plus there are rules set by the department but don't go beyond the cities rules. I just had an incident today in which I requested to meet privately with my supervisor regarding ProQA calls and the phases a week ago. She flat out refused last night and I'm the only one she has done like this, my Lead who is also being transferred replied in writing to me regarding this. I asked for permission to go to my next chain of command in writing yet, he( The manager) refused to sign the document addressing this issue that I addressed to him. The Chief was in the hall and I asked if I could speak to the Chief and he said yes. Now the Chief is saying that he will deal with this issue and attempted to walk away with my unsigned copy.

    I asked if he would sign my copy which he did and said to me not to worry again about going to days, by now I'm crying and feel so alone, but when I got home I emailed him thanking him for handling this issue and assuring me that I wouldn't have to go to days. I did save this email. All I want is to be left alone. Oh and I will get copies of all my service ratings since I don't have them all. I hope I am strong enough to hang in there and thank you for your support, having someone to guide and encourage you through this thats knowledgeable helps

    Posted 2 months ago #
  6. kendred

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    littlelulu
    You would think she would know better then to publicly display her emotions towards me this way but I must say she has gotten better about running off at the mouth and yelling and screaming at other dispatchers and gossiping publicly about people's business. I always worked in the field and never until I came into dispatch have I ever experienced this type of behavior even from field supervisors. Someone is protecting her and her behavior because she is brazen and bold as though she is untouchable and for 4 years she has been. I only wish I can see the day when she is released from her positions, fired or demoted so that I can congratulate her in her new position. That is so wrong for me to say that I know but I can't help how I feel. Something must be done or I fear the bubble will burst.

    Posted 2 months ago #
  7. kendred

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    Oh and I do have the book you all I bought it before I came in the forum and I am referring other people to it as well. Who ever came up with this niche needs a humongous hug. Thanks again

    Posted 2 months ago #
  8. OnYourSide

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    Hi again, Kendred - are you on Intermittent FMLA for your own SHC or your mom's SHC?

    Posted 2 months ago #
  9. littlelulu

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    Isn't Curt's book THE BEST!!! I learned SO much!!!!

    Posted 2 months ago #
  10. kendred

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    Hello OnYourSide

    My FML is intermittent and they wanted to know why I was on FML so I asked that a code be placed instead of a diagnosis. The deputy chief over signing such forms refused to sign yet after I asked " are you sure" he signed.

    Posted 2 months ago #
  11. kendred

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    Hello littlelulu,

    I can't begin to put to words how this book opened my eyes, yes indeed it is the best!!

    Posted 2 months ago #
  12. OnYourSide

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    Kendred,
    So I assume you applied for FMLA based on your OWN serious health condition? Because you're certainly eligible for it based on your mom's SHC as well, and you SHOULD apply on that basis too. If you use time from your own Intermittent FMLA to take care of your mom (take her to the doctor, for example) you're really breaking the rules and your employer could technically revoke your FMLA leave and terminate you if they found out about it. So - to protect yourself, you should ALSO apply for Intermittent FMLA leave based on your mom's SHC.

    You can have multiple FMLA approvals open at one time. (I'm in HR at a fairly large company, manage leaves, and have several employees with multiple leaves open simultaneously. I always counsel employees that although it's a bit of a hassle, it's prudent to do so to protect themselves against overzealous supervisors who might try to "get" them for using FMLA) Apply for coverage for your mom's SHC due to all of her conditions - they're all "lifetime" conditions. Ask her doctor to write the Certification of Health Care Professional (I call it the Physician's Certification or PC) specifically for ONE YEAR - actually put the dates on it. Your employer should then approve the FMLA for a year at a time. By law, they can require re-certification as often as every 30 days, but only in connection with an actual absence. And it won't be worth the hassle for them to monitor it that closely to make you recertify every 30 days. Depending on what the reason is for your own FMLA coverage, I suggest you do the same next time you renew yours.

    Posted 2 months ago #
  13. OnYourSide

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    Regarding not having any job performance standards, Kendred, you should send an email to your direct supervisor and copy it to the next two in the chain of command - including the chief (and send a copy to your home email as well) requesting job performance expectations. Include only FORMAL supervision, not informal "leads". You have a right to know what standards you're being held to in order to perform your job. I don't get how you could have been issued a "Need for Improvement" document when there apparently have been no standards communicated to you in the first place. So - I suggest your email look something like this:

    Dear Supervisor:
    As you know, on DATE I received a "Need for Improvement" notice. The notice indicated my performance needed to improve in the area of XXXXX and XXXXX. I was surprised to have received this notice, especially since I have never received another such notice in my XX years of faithful service to the city. In fact, my service ratings have always been stellar. It has only been since my unfortunate on-the-job injury that necessitated a transfer to your department that seems to have occasioned this "need for improvement".

    As you are also aware, I have requested on several occasions a list of my job responsibilities and/or performance standards, but have not received them. As you can imagine, it is extremely difficult to perform one's job without such standards, and having now received a "Need for Improvement" notice causes me a great deal of distress in that it is still not clear what my job functions even are.

    It also appears that, once I began requesting a list of my job responsibilities, I was targeted to be moved to less-desirable shift (Days). I can't help but feel these changes are related to my request and to the fact that I am female, over 40, a minority, and am on Intermittent FMLA. I prefer to remain on my current shift but would appreciate receiving a list of my job responsibilities so that I am at least aware of the standards to which I will be held accountable. If there is some reason why this request cannot be accommodated within 7 to 10 days, I'd appreciate your letting me know. Otherwise, I'll look forward to receiving a list of responsibilities from you so that I can continue to perform my job in the same competent manner in which I have performed it for the last XX years.
    Sincerely,
    You

    That ought to get their knickers in a twist.

    Posted 2 months ago #
  14. kendred

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    Thank you OnYourSide

    I'm sure this will twist their knickers and more...lol
    I have a question regarding Only Formal Supervision not Leads because the supervisor does not and has not done our ratings she only tweeks what the leads add as input to fit her opinion whatever that may be.

    Because we are in a small room with four people to a shift and the Leads are considered supervisor's in the department yet they are not titled supervisor's nor can they do rating per personnel. Here is my delima

    My lead typed up responsibilities that I have been doing since day one but every time I turn around something new has changed per Supervisor and nothing is in writing. some shifts are doing it for awhile or some are not doing it at all. I do work overtime frequently and I get nervous when I see the inconsistencies on other shifts from leads who will add input to my rating.

    Posted 2 months ago #
  15. kendred

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    I'm sorry not add input to my rating only my lead can add input, but another lead based on what they are doing on that shift per the supervisor's new instructions that are not in writing, because I work overtime frequently, may make suggestions to the supervisor that I am not doing certain aspects of my job.
    Also this responsibility list was given to me just days before the need for improvement indicating the same things I already was doing without the list.

    I hope I don't sound crazy there are so many variables to this department.

    Posted 2 months ago #
  16. OnYourSide

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    The reason I suggested that you send it only to the formal supervision levels and cut out the informal "leads" is because in any organization only the formal supervision levels should be dictating what a job's responsibilities are. The supervisors and managers then delegate responsibility to the leads to make sure stuff gets done.

    Leads generally have input to performance appraisals but they don't have the authority to hire and fire or make pay decisions. In other words, the leads are just a glorified you. They do the same thing as you, just with a little more oomph - and they get to tattle on people.

    You want to direct your request to the only people in the organization that can make a difference - and that's the true supervisors and managers - the people who get paid as such and who can get sued as such.

    If your supervisor/managers' response to your letter is that your lead GAVE you a list of responsibilities, your response should be that - yes, you were given a list of responsibilities, but then that list of responsibilities has been changed multiple times by the lead, supposedly on the orders of the supervisor, and only verbally. You are simply requesting that a list of your broad responsibilities be provided in writing and that any changes to it be given to you in writing, to ensure you have a fair opportunity to achieve the expectations.

    Whenever you have a meeting with a supervisor/manager, at the end of the meeting you should say: "Just so I make sure I understand, this is what we agreed:
    -Point One
    -Point Two
    -Point Three
    Is that correct?"

    When you can, send an email to your supervisor (copy your personal email) reconfirming the conversation: "As agreed in this afternoon's meeting regarding WHATEVER, we agreed:
    -Point One
    -Point Two
    -Point Three
    If I have misunderstood anything, please let me know as soon as possible. Thank you so much for your assistance!"

    You've ended on a high note, yet you've CYA and your boss knows it.

    Posted 2 months ago #
  17. kendred

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    Question OnYourSide
    Is this certification of Health Care Professional a document? Or the wording of the FMLA document? and is this different then the regular FMLA? I never heard of this before.

    Posted 2 months ago #
  18. OnYourSide

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    Hi, Kendred -
    The Certification of Health Care Professional is an actual document. It's used to support an employee's need for FMLA leave. Your employer SHOULD have given you one to have completed by your doctor at the time you applied for Intermittent FMLA leave. The Department of Labor regs allow employers to use their own document that asks for the same information as this form, but most employers just use this exact form because it's easier and safer.

    I'm surprised you say you've never heard of this form before, because you're on Intermittent FMLA. Are you SURE you're on an approved Intermittent FMLA leave?

    http://www.dol.gov/esa/whd/forms/WH-380-E.pdf

    Posted 2 months ago #
  19. kendred

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    Yes OnYourSide
    I am on FMLA and I looked at the forms from this link and they are similar.
    My manager refused to sign receiving my complaint that my supervisor did not want to meet with me. The conversation did get a little heated because I couldn't believe that he would refuse. Even though he said it was ok for me to speak with my Chief after I said "Since you are unwilling to sign I will follow my chain of command" yet the Appointing Authority chief was across the hall and the manager said "there he is right there" He is not the chief I was referring to at the time I was referring to my Deputy Chief who was not in the building per the manager? The Head Chief did sign my paperwork and said for me not to worry. Am I insubordinate?

    Although I am in the process of securing day care for my mother through other family members when I am unavailable in the event I am transferred to days I hope I don't have to transfer and I am also submitting the letter asking for my responsibilities in writing from my supervisor. Because she has harassed me, singled me out, creating a hostile work environment for me, scheduled me in a manner that would make me late for work during mandatory meetings when transportation is suppose to be provided but wasn't in my case, scheduling me in a manner that never allows me to be the acting lead because she refuses to talk to me, everyone in dispatch that doesn't know both sides of this story looks at me as though they feel sorry for me yet,.....Do I have an EEOC complaint? I don't want to nor do I know how to word a complaint such as this but I'm getting tired of them doing whatever they can think of to me and feeling like I have recourse. And the Appointing Authority has never responded to my letter to him asking about,

    Responsibilities that I never recieved from my supervisor in 08 that I wrote Aug 09
    My lead writing a list of responsibilities just days before my need for improvement and my shift is the only one that has such list but nothing from the supervisor.
    Mandatory overtime that has been issued without it coming from the Appointing Authority because he is the only one who can mandatory and she was assigning me more overtime then anyone in the department.
    The Chief hiring a less qualified employee (Caucasian) for the position after expiring a list that didn't expire until Oct 09 this list of four people were all black. And now because she doesn't know what she is doing they are trying to move her to a less stressful shift (nights) and a lead is training her on days after she was hired in the position. No other lead has been trained after being hired except her.

    Wheww.

    Please believe I don't want to make this a race issue, But I am on the list #2 I have a paramedic license and I have been with the department for so long in good standings, of course I do have the issue with my parent but I was willing to take the position yet it was never offered to me even after I interviewed. Everyone knew she would get it and it's ok I really am disgusted that it has come to this.

    Posted 2 months ago #
  20. OnYourSide

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    No, Kendred, I wouldn't think you were being insubordinate - the manager SAID "there he is right there", pointing you to the Chief - right? And you got the paperwork signed by him. So that wasn't insubordinate at all. You followed the chain of command, which I assume is exactly what the city's policy calls for.

    As far as security day care for your mother, I would most DEFINITELY apply for Intermittent FMLA based on your mother's serious health condition to protect you and enable you to assist your mother when she needs you, too. I guarantee it will come in handy and you won't regret getting this coverage as a double-CYA.

    Not that I encourage people to go around filing EEOC complaints, but it sounds like your boss is at the very LEAST really stupid and possibly discriminatory. So, it wouldn't hurt for you to file a complaint with the EEOC based on racial discrimination and see where it goes. The EEOC clerk will assist you in writing the complaint once you explain your situation.

    By the way, thank you for your service to your city as a paramedic - I know it's an extremely tough, thankless job and I for one appreciate the wonderful service paramedics perform. You shouldn't be treated like crap when YOU get hurt on the job!

    Posted 2 months ago #
  21. kendred

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    Thank you OnYourSdie
    your comment I must say made me cry I loved my job as a paramedic and to come to this department and be treated like this from my supervisor as though I'm incompetent as a dispatcher. I was responsible for saving lives and I did it well and I dispatch beyond any other's level of comprehension regarding medical rationals because no one even has a EMT license not even her. She screens our calls and says I'm ad libbing when I attempt to get further information from callers, the crew members on the streets nextel me when I'm on duty to call the hospital because I understand their terminology and she interferes saying "the radio dispatcher should do that or the lead" but they don't understand. She is in charge of Quality assurance and is my supervisor yet she wont speak to me. Thank you again for everything you have done and said this far, four years of hearing negativity from her and your appreciation broke me down like a baby. That's all I want, is to know I am doing a good job.

    Posted 2 months ago #
  22. msliberated

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    kendred I'm sorry you have to go through this abuse from supervisor who is so evil that failed to appreciate you. You are an excellent employee and an exemplary daughter! ( I have two daughters and sometimes I wonder if they will take care of me-when that time come-but I will not count on it-i will take it as it comes either/or)

    Anyways, in the Academy Curt posted a format on how to file my complaint at EEOC.It's under General workplace discussion-"msliberated and EEOC" It helped me get a response from them right away.

    Posted 2 months ago #
  23. kendred

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    Thank you msliberated,

    I do understand as I have three daughters and that thought has crossed my mind many times before but you are right, "take it as it comes either/or" thats what I'll thats we as parents can do I think and thank you for your encouragement that means so much more then any adversity I can face.

    As for this format I don't see it, could I be looking at the wrong forum? I'll keep trying though maybe my eyes are getting bad....lol

    Posted 2 months ago #
  24. msliberated

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    I apologize, kendred- I was so sure i saw your name in the member page in the "Law Academy"-there I have posted under msliberated "msliberatedand EEOC"-"attorney's feedback on plan to sue"--I have so many excellent advice from Curt and from all the Super Moderator. T'was the only way I was able to survive from the windstorm coming from my evil twisted boss.

    Posted 2 months ago #
  25. kendred

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    I think I did subscribe to the academy yet I thought THIS was the the Law Academy....oops

    Posted 2 months ago #
  26. kendred

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    Ok I really hate to sound ignorant with computers....i need a lil help finding the post mslib i have looked everywhere

    Posted 2 months ago #
  27. OnYourSide

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    Kendred,
    To join the Academy, just go back to the Forum main page, and the very first topic that's listed says something like "Academy 50+ Members and Growing". Click on that. Then within that, click on the blue link that takes you to where you actually join the Academy. It costs $1 to join, then $14.97, I think, a month after that. It's well worth the price!

    By the way, you hold your head up - you're bringing MORE to the job than most of the other dispatchers, and you should be PROUD of that. Don't let an ignorant supervisor get you down.

    Posted 2 months ago #
  28. kendred

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    Thank you OnYourSideThey had m
    And thanks for this direction, and my head is slowly raising to higher heights as I gain information.

    Posted 2 months ago #
  29. kendred

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    ok I found the link to the academy but for some reason my password won't work and when I go through the link listed in my email it takes me to the join the academy page. can someone help with this? I'm on my way back there to see what I can do

    Posted 2 months ago #
  30. kendred

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    I went to work for a minute because I heard my lead was upset, not wanting to do his job and saying he was a grunt in a nut shell, he was angry, not willing to do his job, he assigned another dispatcher to his job duties and refused to sit in the lead's spot. I feel that management mad him angry because he wrote that the lead flat out refused to meet with me. I feel bad for him and the fact that him saying this made things worse for him then they already are. I told him I am sorry if he feels that the result of his actions caused him so much anger and I hope it's not directed towards me. He said it wasn't but I can't help but feel it is. He broke the code that in fact my supervisor would not speak to me and he put it in writing. God I pray he doesn't turn for the worse.

    Posted 2 months ago #

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