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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33543
Experience:  Retired (mostly)
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Demotion without progressive discipline if applicable

Resolved Question:

I was employed in 2004 part-time with a unincorporated municipality. In 2005, I became a full-time employee. In 2006, I was promoted none competitively. Again in 2009 promoted to Supervisor, then in April 2010 to Interim Manager and finally in May 2011 "At Will" Manager overall the operation. In july 2011, I was demoted without disclipinary written notice, sent home on administrative leave and verbally abused by the Assistant City Manager (my boss). Basis for demotion, she stated the city does not like me. I am not a fit.  I am a minority female in a all major workforce management team.


 


Statements addressed to me are "It is my perogative to by pass personnel rules and regulations". I was publically humiliated and then banned from returning to my office to get my personal belongings.   Now I am accused of stealing the soda money from the staff (left in the desk).


 


The employees (12) and state EDD and DOR representatives and their managers were informed of the embarassing scenrio.


 


During the course of 2009-2011, I was asked to move furniture, hire/train new staff to comply with DOL employment contract requirements that generates funding to support the operation of the department and staff salaries.


 


I was laughed at verbally intimidated and made to feel that I was worthless (only after I completed the contract performance problems, remodeling and staff stabilization.


 


In April 2011, crying I asked my manager to stop intimidating me.  


 


She retaliated by demoting me and putting me in administrative leave stating the "city" managements and city council supported her version.  "They will never believe you"


 


By the way, her previous employment of 15 years was correctional officer in a male prison.


 


 Her behavior affected my health, body (moving furniture), and employability today. They have slandered my name i.e., alleging family are drunks, alleged HIV nephew drug and I used drugs and miss use of funds. This is unfounded and are lies. To prove it, during this 2010 - 2011. I completed my MBA.  I have received numerous letters of recognition from state, county and private agencies.


 


I tripled staff, funding, and office capacity. I filed a workers comp four days later triggered by health problems AND the emails she sent me to my personal email on Sunday July 31, 2011 and cc the employees.  The emails contain her instructions of relocating me to a vacant office next to her. My aggressor. I ended up in the ER. What rights do I have to protect my family and self. The following threats have been publically made to me i.e., If I do nowwhat they tell me they will cut me off at the knees and ruin my chances of working again,"

Submitted: 2 years ago.
Category: California Employment Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.

Yes, I am waiting for an answer. I guess what is more important to me is after all they did to me. Am I right to have expected progressive discipline and then a written notice before being sent home?


 


I did not get the personnel action referencing the demotion until August 6, 2011 via mail but signed August 1, 2011. After I went to the ER.


 


Thank you

Expert:  Fran-mod replied 2 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Customer: replied 2 years ago.
Okay thank you
Expert:  socrateaser replied 2 years ago.
Hello,

Customer service asked that I review your question.

What happened with the DFEH complaint that you filed?

How long ago was the complaint filed (days)?
Customer: replied 2 years ago.

January 31 2012 filed.


 


I recevied the written compliant with case number XXXXX on Feb 9, 2012.


 


The employer was given until March 31, 2012 to rebuttal to the allegations of differential treatment, harassment, and demotion. Also for stating that I was Hispanic.


 


DEFH called me to confirm they have received the response from the employer but my case is number 20 on the list to review.


 


I am waiting for DEFH to schedule a telephone interview with me to go over their response.


 

Expert:  socrateaser replied 2 years ago.
Sad.

The biggest problem here is the State budget. There aren't enough case workers to review the complaints coming in, and meanwhile employees are suffering discrimination.

Your facts certainly evince retaliation, so you may want to go forward with the retaliation complaint -- but that may not get your case reviewed any sooner.

Frankly, I think you ought to seriously consider trying to find an employment rights lawyer to take the case and move directly to a civil action. You would obviously have to pay a portion of your damages to the attorney, but I suspect that your award would be greater than what DFEH will obtain.

Having 20 cases in front of you could leave you waiting for months before you get any sort of outcome, and meanwhile you're obviously miserable waiting. At least if you are contacting lawyers, you will have some extra input and maybe you will be able to get things moving faster.

For a competent employment rights attorney referral, see this link.

Please let me know if I can clarify or assist you further.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

Customer: replied 2 years ago.

Thank you very much. Your analysis of the situation is appreciated. Thank you and yes, I will contact you again as questions arise.


 


Respectfully

Expert:  socrateaser replied 2 years ago.
You're welcome and good luck.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

socrateaser, Lawyer
Satisfied Customers: 33543
Experience: Retired (mostly)
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