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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1778
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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California My supervisor has been targeting me and my job

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California

My supervisor has been targeting me and my job environment is becoming increasingly hostile.

To keep it to the point, I'll use one example in which she told me to be 'mature', 'put my big girl panties on', and referred to my coworkers as 'psychopaths'.

There are a host of other incidents but in the interest of keeping it short that's what I leave you with.

I have worked for the same organization for 10 years and have been an exemplary employee - well documented - until my hiring manager retired and this person became my supervisor. It has gotten progressively worse over the last 4 years to the point where I was given my first written warning in 10 years.

What is my recourse? I'm not sure I even trust HR, as this person has been with the organization for 35 years.

I am also not the first person to be put under this sort of scrutiny.

Thank you.
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 :

Welcome to the chat

Employment-LawExpert :

First, let me say that I am terribly sorry you are having to go through this. To properly respond to your question, can you tell me more about the treatment that you are having to endure? Specifically about any and all incidences where you believe the reason that you are being treated this way is because of a protected category such as your age (over 40), gender, race, religion, genetic information, pregnancy, national origin, creed, or disability?

Customer:

Hello, yes I'm here thank you. I have a two-page document that will explain in greater detail the most recent incident. May I copy and paste, or attach?

Employment-LawExpert :

Copy and paste would be bets

Employment-LawExpert :

best

Employment-LawExpert :

if you can

Customer:

Ok, one moment.

Employment-LawExpert :

You will likely have to do it in parts

Customer:

Considering going to HR with this information, but am sure that some of it would be best left out. Would like to know, in your opinion, the most important details to include. There are other incidents and situations that aren't here, but I have just begun documenting.

Customer:

Here you go:

Customer:

Documentation regarding 7/4/13 walk-out, and subsequent written warning issued on 7/15/13.


 



  1. 7/9: Apologized and took responsibility for leaving work on 7/4.

  2. Explained that the e-mail she sent was the thing that was so upsetting, since she chose to another coworker and could have come to me directly that morning instead to find out about it. I asked her to please trust that I after ten years I can do my job. I respectfully XXXXX XXXXX that she tends to “helicopter” at times. I prefaced that by saying I understand she wants to make sure everything is taken care of, but it doesn’t help me to be micromanaged.

  3. I also explained that because my workspace is in the ‘line of fire’ when people – including managers - need to vent they come to me complaining about each other, management, staff – it puts me in a very uncomfortable position and just adds to the stressors of my work location. She told me to be ‘mature’ and just tell ‘these psychopathic employees in this place’ that you can’t discuss these things and shut them down. While I agree I need to, as Jeanette put it, ‘put my big girl panties on’ and cut people off, the term ‘psychopathic employees’ and telling me to put my big girl panties on certainly doesn’t project a manager who respects me or the job I perform, or apparently anyone else’s.

  4. 7/9: Regarding the shipment/permit #: Explained the following to JMF:


    1. 7/2: One of the animals on the shipment was a complication, so in the p.m. I attempted to find the animal’s record to verify if it had in fact been cleared for shipment. CJ was also with me, trying to find the record. Neither of us could locate it.

    2. 7/3: Lance Aubery came by in the morning to check on the status of the HC. I informed him that the HC had been prepared and was ready for signature, but the record for the cheetah with issues was missing so I wasn’t yet clear on its eligibility.

    3. 7/3: He and I started searching for the record again, and he located it in the wrong shipment folder in the round file. Once I viewed the medical record I was able to determine based on the medical notes that indeed the animal was cleared for shipment. (I noticed an email from JLA dated 6/26/13 in the record stating the animal was cleared. That e-mail wasn’t in with the other communications in the shipment binder, and was apparently overlooked in my e-mail folder.)

    4. 7/3: After the record was found, I put the HC out for signature. I went back to performing my other duties, as follows:


  1. i. During the morning, in addition to training the PT administrative assistant, there were multiple interruptions which contributed to my getting side-tracked and forgetting about obtaining the OH permit (I have practically begged for management to help me minimize interruptions for the last few years, with very little support and substandard results.

  2. ii. The work I’m supposed to perform completely error-free is expected to be done in a location and situation that more closely resembles a receptionist’s desk, with constant interruptions, chatter, and noise. This seems pretty unreasonable to me, and it also seemed unreasonable to my counselor, Dr. Jean Sullivan, when I brought it up in a session with her. I even took personal time to create and presented JMF with a PowerPoint to make my case, which also included possible solutions. This resulted in my being told that I can “use Barb’s workspace when she’s not here”, or move to another available workspace temporarily when I need to do focused work – most of my work as a SR. ADMINISTRATIVE ASSISTANT IS focused work .

  3. i. She kept the GOOJF card, and told me I should have asked her / told her that I was planning on coming in at 10:00, and my posting in a note wasn’t enough.

  4. i. My contention is that documentation should reflect what was actually discussed, not what the supervisor chooses to document. I signed because I feel I’m already being targeted. I also told her that I was expecting it (another supervisor might have chosen to let our discussion in which I accepted responsibility for my choice and said it wouldn’t happen again be enough, but I know now that this is not Jeanette’s MO). I also said that if she felt it wasn’t important to include everything we talked about I would just have to “take my lumps”. I basically felt coerced to sign – truly, what other choice did I have, get written up again for insubordination?

  5. ii. Jeanette chose to present this written warning toward the end of the day, and made it clear she had to leave early to take her 20-year old son to a doctor’s appointment so there wasn’t much time to spend discussing it anyway. Clearly she didn’t want to discuss it. She just wanted to write me up, chastise me again, and be done with it.

  6. iii. I was, am, and always will be willing to accept responsibility for my actions, and my lack of judgment and professionalism when I walked out was no exception. In fact I usually end up blaming myself when things don’t go well, which I have been doing for the last two years as things have progressively gotten worse under her supervision. However, it especially concerns me that my supervisor has chosen to spin our discussion with regard to this incident in her favor, and paint my intentions in an incorrect light – in writing.

  7. iv. It is becoming an increasingly hostile environment and causing me to experience an increase in physical and emotional pain. I know I’m not a perfect individual, but I DON’T know why Jeanette has chosen to have this attitude towards me, other than her controlling nature and the fact she can’t stand another person being highly regarded by others in the workplace, which I always have been until she became my supervisor.

  8. v. I also know I am not the only one who has been singled out by her and micromanaged to the point of exhaustion.

  9. vi. I respect and like Jeanette very much as a person outside the workplace, but as my supervisor she is absolutely destroying me.


    1. I realized when I returned from lunch (time?) that I hadn’t requested the permit yet, nor had the HC been signed.

    2. The HC was signed shortly thereafter at approximately 1:45 p.m.and I immediately forwarded the signed copy to OH, to go along with my earlier request. I CC’ed Jeanette and Jack both, so they were aware.

    3. I considered the fact that OH wouldn’t receive the permit request until Friday, and determined that if I made the request despite the late hour, they would receive it on Friday and issue the permit - as they have in the past - and then we could provide the number to the driver and the receiving institution in plenty of time prior to the animal’s arrival, which was estimated to be Monday 7/8. I copied JMF and JLA on the e-mail request to OH, so they would be aware that it had been requested but wouldn’t be received until after the animal’s departure on 7/4. (I was told by JMF on 7/10 that this wasn’t adequate and I should have come and personally told her about it, which I agreed I could have done differently. However she doesn’t feel she should have come to me directly with her question rather than e-mailing and CC’ing JLA. She said on 7/15 that she would do it again if a person asked about the situation. However, Jack wasn’t the one asking, it was Lance, so why CC Jack if it was Lance who was looking for the permit? )

    4. 7/5: As I suspected, the OH vet’s office issued the permit number at 8:52 a.m. on Friday 7/5. Unfortunately, I ended up reading Jeanette’s e-mail first before reviewing all the others (as I usually do because I don’t want to be on the receiving end of her criticism), and the rest is history.

    5. I had requested that OH “reply all” to the permit request, which they did, so all would be aware when it was received. All Jeanette would have had to do is read her e-mail that I red-flagged, and this wouldn’t have become blown out of proportion.

    6. BotXXXXX XXXXXne: Had Jeanette stayed out of it and let me do my job, I would have called with the permit number Friday morning, and none of this would have happened.


  1. 7/10: Donna Vader left a voice mail asking if I had a minute to call and talk with her. Per that phone conversation, Donna told me that KW and JMF were questioning her about the process she uses to obtain import permits, specifically for OH and FLA, and she was wondering if I had any insight as to why they would suddenly be asking about this.


    1. I explained the situation with this permit incident and told her it was most likely related to that.

    2. Donna then let me know what she told them, which was perfectly aligned with what I told JMF on 7/8, including that Donna does not process permits for FLA at the Zoo, curators do (so why am I doing this?).

    3. Donna also concurred with statements I made to JMF regarding the difference in how each state will issue import permits – e.g. some want signed CVIs prior to issuance, including OH, some don’t, and some even ask for test results – it varies greatly.

    4. DV also said that she has sent permit numbers after the fact in the past, that it was never an issue for her, and Zoo curators “don’t care if they have one or not”. So why am I being singled out?


  2. JMF also told me that Lance Aubery said this “happens all the time”, which is absolutely untrue. In the ten years I’ve been in this position, I can count on one had the number of times a permit wasn’t issued and went along with the shipment. A couple of them were my error, the others due to situations out of my control (I can include emails backing this up).

  3. 7/15: Called into JMFs office regarding my walking out on 7/4. She pulled an old “get out of jail free” card, saying she ‘charged’ me for a 9:02 arrival on another date, decided to let me use it instead for my 9:09 arrival on 7/4. I explained to her that I hadn’t planned on arriving until 10:00 a.m., and would leave at 2:00 p.m., which was noted in the reminder in my GW. She looked it up and couldn’t deny that this is what it said.


    1. I have been under the impression that if I put time off and other appointments in my GW tasks, notes, or otherwise in our shared calendar I don’t need to send e-mails. I had written in my AL note that I had planned on coming in at 10:00 a.m. and staying ‘til 2:00 p.m. on 7/4, as noted above.


    1. The notice given for the 7/4 walk-out bypassed a verbal, and was documented as “written” even though this is the first time in 10 years for any type of warning other than a couple minor ones over the years for attendance, which I thought we had worked through and I have been adhering to.

    2. I requested that Jeanette include in her write-up that what upset me so much on 7/4 was that she chose to send an email and CC another person rather than speak with me directly, as well as the fact she continues to interfere with my job and it causes unnecessary problems. She refused, saying that it doesn’t matter what the reason was, because I violated Society policy by “abandoning” my job.


  1. 7/16: After yesterday’s “discussion” I’ve been so upset I can’t sleep, have no interest in food or anything, really; I can’t think about anything else other than the fact that ten years of my life is being systematically trashed, along with my reputation as a stellar employee. Yes, I have always been a stellar employee with SDZG, despite my difficulty using a time clock and distractibility. This has been WELL documented.

  2. I have told Jeanette I am diagnosed ADHD, and even with medication the location of my workspace contributes greatly to things occasionally being missed, forgetting to attach documents to emails, things of that nature that are really very minor when you consider the level of focus needed to juggle all the things I’m expected to do for this department. Her micromanagement is making it even worse, and I feel I’ve been set up to fail. And the fact that her own son is also ADHD (and even sees the same psychiatrist I do – I recommended him to her!) has made no difference whatsoever.

  3. She is also well aware that it’s only been a few months since my divorce was final – January 2013 as a matter of fact – since she offered to and ultimately signed the divorce documentation that was served to him. This was something I didn’t take lightly and has a profound effect on me. As I think about how everything has transpired and the ‘encouragement’ she and XXXXX XXXXX gave me to get the divorce, what I thought was genuine concern I now believe was more self-serving and basically telling me with actions that I had to choose between my marriage – unhealthy as it was – and my job. Apparently it wasn’t enough that I did finally get a divorce. Her controlling nature has only become more intense, and she has increasingly been holding my performance and her perceived lack thereof under a jaded microscope.

  4. I stayed home today, 7/17, to review this documentation and do some soul-searching in an attempt to wrap my head around all of this, as well as get some much-needed sleep after being awake until 4:00 a.m. and getting very little of it since 7/4. I texted her per our usual protocol to inform her I wouldn’t be in. The conversation was as follows:

    Me – 7:17 a.m. 7/16: “I’ll not be in until later if at all today. FMLA.
    JMF – 7:18 a.m. 7/16: “Ok than you”
    Me – 7:18 a.m. 7/16: “yw”


 

Employment-LawExpert :

Please give me a few moments to read through this.

Employment-LawExpert :

Also, are you a part of a union?

Customer:

Apologies, I pasted all of it before I saw your request to do it in parts. Please let me know if you need me to resend.

Customer:

#2. should say chose to "CC" another coworker...

Customer:

Important detail left out: I walked out on my job on the 4th of July out of complete frustration and the increasing stress she is putting me under.

Customer:

And there is the added stressor that her husband is also a "Lead" in the same department, and has inappropriately touched me and made comments that are inappropriate in the workplace. I feel completely stuck, trapped, and like I have no recourse.

Employment-LawExpert :

Okay, I think I have a pretty good understanding of the situation, though I may not have a lot of great news. The courts have made it very clear that they will not be the arbiters of claims of harassment unless that harassment is premised on a protected trait such as race or religion, reasoning that if workplace unfairness/harassment could form the basis for legal action, we would see thousands of such lawsuits every day. This is certainly not to diminish your concerns or complaints, but rather to explain the policy behind the law, which may assist with your understanding. That being said, you may have two things here which you could do. The first, is to make an argument that you are suffering a debilitating disability, as referenced by your need for FMLA leave. You could then state that you are being discriminated against because of your disability, or because of your request to take FMLA leave. Under these situations, you would be protected from any retaliation based on these reasons.

Employment-LawExpert :

WAIT A SECOND

Employment-LawExpert :

tell me more about that

Employment-LawExpert :

he has inappropriately touched you?

Employment-LawExpert :

please elaborate

Employment-LawExpert :

Are the comments gender based?

Employment-LawExpert :

sexual in nature?

Employment-LawExpert :

Also, are there any witnesses to anything that has happened

Customer:

Occasionally, yes. He has put his hands on my shoulders and "massaged" my shoulders. I was sexually abused at a young age and 'freeze' when things like this happen.

Customer:

She has seen him in my workspace before, as have others, but he knows better than to do the massage in front of others.

Employment-LawExpert :

Has he ever propositioned you or led you to believe that he was interested in more than just a shoulder massage?

Customer:

I have also explained to her that I am diagnosed ADHD, and my workspace is not conducive to focused work, even for someone who doesn't have ADHD.

Customer:

He has never made direct propositions, no.

Customer:

I have some other verbiage outlining more details that I can cut and paste here also, that would probably provide a better view of the situation.

Customer:

May I?

Employment-LawExpert :

please do

Customer:

Case Summary:


Hostile environment: Sexual and other harassment


I have worked for the same employer for 10 years. My hiring supervisor retired in 2010, and a coworker was hired to replace her. I also wanted to apply for the position because I had made significant changes in our business processes, saved money, and was considered an exemplary employee. However, there was an "unspoken rule" that she was already chosen no matter who applied. Ultimately no one else applied for the job due to that "unspoken rule". Since her promotion and assignment as my supervisor, my workplace has become increasingly hostile.


My new supervisor's husband is a manager/lead in the same department, and has come up behind me in my workspace numerous times since she was hired, put his hands on my shoulders to "massage" me and engage in other non-work related and inappropriate chatter. I was sexually abused as a child and freeze when something like this happens. In this case I am especially fearful of saying anything for obvious reasons.


There was another employee in 2009 who made so many inappropriate gestures and comments I finally broke down in tears and reported it. Others had reported him as well, yet nothing has changed other than a reprimand to the offender. This situation has improved for me, but is always borderline and this man continues to test his limits with others.


My current supervisor has become increasingly "nitpicky" and calls me out for minor things like forgetting attachments, being 2 minutes late - as well as business practices my counterpart at our other location also performs routinely, yet has never been written up for.


On 7/4 shortly after my arrival I saw an e-mail from her that was CC'ed to another coworker, in which she caustically chastised me. I was so angry I told her I needed to leave and I did.


Admittedly I reacted impulsively and inappropriately, despite my anger and frustration at being called out in front a coworker for something my counterpart at our other location does routinely without incident. When I returned to work on my next scheduled work day (7/10)I took it upon myself to ask for my supervisor's time to apologize and take responsibility. She wouldn't let it go and kept telling me how immature and unprofessional it was, and that I abandoned my job. I agreed repeatedly that it was inappropriate, and repeatedly told her it would never happen again.


Today (7/15 at 3:30 p.m.) I was given a written warning, bypassing the initial verbal warning despite the fact this is my first infraction in 10 years and I sincerely XXXXX XXXXX her to apologize and take responsibility. When I asked why she chose to do this, I was told it is her choice as a manager. Okay, I agreed to take my lumps.


Until now.


I have been an exemplary employee, have received awards and recognition even outside my organization, and truly loved my job. It is only since this person became my supervisor that I have felt I can't do anything right, have no recourse against her or her philandering husband, and am targeted for things that others aren't and previously had no effect on my performance.


Initially I spent sleepless nights blaming myself, thinking I must getting 'old', menopausal, worthless. I sought psychiatric help and was diagnosed with ADHD. I currently have FMLA status as a result. Her son has ADHD so I divulged this condition last year. She has increasingly criticized my every move since then. I thought there might be some level of understanding but it has only gotten worse.


Since turning 50 and disclosing ADHD to her, my life has been turned upside-down. There are many more egregious things I could list here, but there aren't enough words.


The reputation I've built over the last 10 years is being systematically tarnished. I have been waiting for another job opportunity within the same organization, but now I don't know if it's even possible to transfer to another department. I feel trapped and threatened.


Please help...

Employment-LawExpert :

This is what you sent to HR?

Employment-LawExpert :

Or you wrote for the purposes of finding an attorney?

Customer:

Sorry, no I am not part of a union because I am only one of two administrative assistants (FT/benefited) in this department. A vote was held last week, however, for the technician staff as they have endured years of neglect/unfair treatment and got tired of it. The environment in this department is so caustic. And it is made very clear to everyone that we are expendable, in words and in deed.

Employment-LawExpert :

So the test that is used to determine if a hostile work environment exists due to gender is both a subjective and an objective test. If you informed him, or hr about the touchings and your desire for them to stop, then this could lead to a cause of action.

Employment-LawExpert :

If, however, you never said anything to him, or to hr, then it may fail the objective test. Does that make sense?

Employment-LawExpert :

So which occurred here?

Employment-LawExpert :

There is no question in my mind that you are in a terrible working environment. The question now is to determine if it is a "hostile work environment" as defined under the law

Customer:

I wrote this for the purpose of finding an attorney, if it comes to that. I really, REALLY don't want to go there but I don't know what else to do.

Employment-LawExpert :

In terms of what I originally was going to say at the beginning, you have two basic causes of action in a situation like this. The first is an IIED claim (intentional infliction of emotional distress) where a person singles you out with the intention of causing you emotional damage. The second, is a hostile work environment claim, but in order to have this claim, you would need to show that you were being treated differently as a result of a protected class, or of you complaining about a protected class.

Customer:

I have never said anything about him because his wife is my supervisor and - while I certainly should have - I haven't documented it. I've been trying to keep my head down and do my work hoping it will sort itself out, but can see now this isn't the best approach.

Employment-LawExpert :

Unfortunately that is correct. In order to be protected there has to be some kind of formal complaint somewhere stating "complaint of discrimination based on sex" or "hostile work environment based on gender"

Employment-LawExpert :

or something where you complain of what is happening and nothing is done or you are retaliated against

Customer:

So it sounds like IIED is more appropriate based on documentation I currently have. What are typical outcomes for IIED claims? Would I be better off to 'keep it cool' and start documenting so I have more to present at a later date? Because I know it will happen again.

Employment-LawExpert :

To have an IIED claim, you need to prove that 1) they are not just a bully, but that are specifically targeting you, and 2) that you have suffered "severe" emotional distress. Then, it would usually be around 2-5 times your medical bills from having to see a therapist, etc. due to the severe emotional distress you had suffered.

Customer:

Okay. Should I avoid taking any of these complaints to HR until I have more documentation?

Customer:

I am SO glad I decided to contact you through 'just answer'. This is so helpful!

Employment-LawExpert :

If you don't think you can make an argument based on a protected category, then yes, as even if you made an IIED claim it would be against the individual and not the company

Employment-LawExpert :

I am glad that I can get you pointed in the right direction.

Employment-LawExpert :

If at any time you have any additional questions or need clarification on anything I have said, please do not hesitate to ask.

Customer:

Much appreciated. It's good to know where I stand.

Customer:

How do I contact you again if needed?

Employment-LawExpert :

If you ever need to ask me questions again in the future, you can do so here:

Customer:

Excellent. Thank you so very much.

Employment-LawExpert :

If you would like me, and only me, to answer, then in your question, state, for BRANDON only

Customer:

Alright. Will do. :)

Employment-LawExpert :

Before you go, please do not forget to provide a positive rating so that I may receive credit for my time with you today. If you have any other questions please do not hesitate to ask.

Employment-LawExpert :

And don't forget to have a wonderful rest of your day.

Customer:

Oh yes, you will receive an Excellent rating. Thank you again Brandon.

Customer:

and you as well

Brandon, Esq., Lawyer
Satisfied Customers: 1778
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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