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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1830
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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skylling right

Customer Question

skylling right
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today.

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

It appears that there may have been some mistake in the posting of your question. If you would like to elaborate further on exactly what your question is, I would be happy to assist you further.

Employment-LawExpert :

Concerning your skelly hearing, likely, the city has decides to either 1. initiate an additional investigation based on your statements, 2. sustain the original level of discipline, 3. reduce the original level of discipline, or 4. reach a settlement agreement with you. If it is 2, depending on the exact nature of the hearing, you may have additional options.

Employment-LawExpert :

For example, if you were discriminated against because of a protected category (race, age, religion, etc.) then you would be able to file a formal complaint with the DFEH or EEOC.

Employment-LawExpert :

If you would like to provide me with additional facts, and what your question is exactly, I will respond to you as soon as I can.

Employment-LawExpert :

I hope you are having a great day.

Employment-LawExpert :

Welcome to the chat

Employment-LawExpert :

Are you here with me?

Employment-LawExpert :

If you are having trouble entering text, try pressing enter twice, clicking the reply button, or refreshing the page. Before you refresh, consider copying everything you have typed so that you do not loose it. When you answer, please inform me if you have appealed to the civil service commission yet and what the exact nature of the disciplinary action is.

Customer :

I have been harassed by my direct supervisor and labor relation let me contact her assistant. They were friend before hiring a 1.5 year ago. Now her assistant filed suspension 15 days

Customer :

My position is the library manager. My supervisor is Medical Record director.

Customer :

My direct supervisor occupied the library space and I disagreed her intension.

Customer :

At on occassion she grabed my badge and another occassion scream at me. all in front of others.

Employment-LawExpert :

Have you made a civil service comission appeal yet?

Customer :

she hired an assistant who was her buddy and her assitant helped her continuing harrased me.

Customer :

 


Now their intension to suspend my employment 15 days is granted by skelly hearing officer.

Customer :

They try to separate the fact of continuing harassment. Mainly said I have loud voice and aggressive behavior.

Customer :

I have went one skelly hearing with union representitive.

Customer :

Then I received a letter from this officer to grand her 15 days. Please tell me my right to do next.


 

Employment-LawExpert :

First, let me say that I am terribly sorry to hear that you have had to endure this. Concerning your situation, you have a couple of options. The first, is to file a civil service commission appeal within 20 days after being served the notice of discipline. In this, you would allege that any suspension was not for cause, that any documentation is not adequate or complete enough to substantiate the charges, and that the type of discipline is inappropriate to the charge. Within 45 days of you making this report the commission will hold a hearing where you will prevent any evidence you have that what is happening to you is unfair. While the skelly hearing would have prevented the suspension from taking place, if you are successful in your appeal, you would be paid for those 15 days. In this hearing, you have the right to call witnesses, introduce exhibits, cross examine opposing witnesses, and completely and fully present your case. The second option is to relate this harassment to a protected category. This could be because of your age (over 40), race, color, religion, any disability that you may have, your gender, your genetic information, your national origin, if you are pregnant, or anything relating to sex, or sexual harassment.

Employment-LawExpert :

You would make a complaint to your union stating that you believe this harassment to be based on a protected category. If you have any proof showing that this is true, then they would have to owe you the backpay lost based on the discrimination (i.e. the 15 days) as well as any emotional harm this has caused you.

Customer :

Okay, I think my age and national origin.

Customer :

Because now I am a solo librarian and other employees had been cut. I am the only one at my part.

Employment-LawExpert :

Then, you should speak to your union, and make a formal "complaint of discrimination based on your age and national origin" They would then be required to bring this to the attention of your company. If this does not resolve the issue, then you would need to file a formal complaint with the EEOC or DFEH. In these complaines, you would allege the age and national origin complaints, and bring up any proof that you would have concerning this.

Employment-LawExpert :

For example, if they made any specific statement about your age or national origin, it would be a slam dunk case. However, if they have not, then you would need to show anything which could lead to an inference of such behavior. This could be because they get rid of anyone over a certain age. This could be, because they treat everyone of your national origin poorly. Anything you can think of to prove this would be helpful.

Employment-LawExpert :

Does that make sense?

Customer :

This direct supervisor who come 1.5 years ago already have a line of the complaints and law sues are waiting for her.

Employment-LawExpert :

If these complaints are related to protected categories, this would go a long way towards proving your case, and resulting in your suspension being lifted from your record, and you being paid for the time of the suspension.

Customer :

it makes sence.

Employment-LawExpert :

Have I fully answered your question today? If you have any additional questions or need additional clarification, please do not hesitate to ask.

Customer :

Can I seek a lawyer? what kind of lawyer?

Employment-LawExpert :

You can, but you should go through your union first. If you decide to seek an attorney, you would want to speak to an employment law attorney. A great resource for this is www.Martindale.com. If an attorney feels that you have the evidence to prove a discrimination claim, they would take your case on contingency, which means that you would end up paying nothing out of pocket.

Customer :

Okay. Thank you for your time.

Employment-LawExpert :

Not a problem. Have I fully answered your question today?

Customer :

Yes for now and how will i continue to ask you later if I need.

Employment-LawExpert :

Once you provide a positive rating, this question becomes part of your account. At that time, you can ask any follow up questions relating to this question on the same question page. If you have a new question, you would go here:

Employment-LawExpert :

and ask for me specifically

Customer :

Will I have your above answers available?

Employment-LawExpert :

Yes, once you provide a positive rating, you can copy, print, and/or do anything else with the response I have provided to you as it becomes part of your account.

Brandon, Esq., Lawyer
Satisfied Customers: 1830
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

I went to a skelly hearing. Skelly officer granted my supervisor's suspension 15 days decision. I heard that I can appeal up to CEO level. Do you know what the next level’s process is? My supervisor sets my suspension days starting on May 13th. Can I appeal before May 13th? If the appeal schedule is after May 13th, should I serve 15 days first?
I had union representative went with me.
Can I use outside lawyer instead? Which one is better usually?


 

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