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Jane Doe Deer
Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3864
Experience:  Atty. 24+ years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
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Can my probationary status as a county employed psychologist

Customer Question

Can my probationary status as a county employed psychologist be terminated because I reported the following problems to the Oregon Board of Psychologist Examiners (OBPE)?
1. unethical behavior by a fellow employee who is licensed psychologist
2. another fellow employee who calls himself a psychologist but is not licensed as a psychologist.
Please advise. Thanks.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Jane Doe Deer replied 3 years ago.

Jane Doe Deer :

Good morning. Have you been threatened with termination? Wasn't your report kept confidential by the Board?

Jane Doe Deer :

Oh, sorry, I see the "already tried" portion of your message now.

Whistleblowers such as yourself are usually protected by law from retaliation. It sounds from the "team player" comments that perhaps mgmt felt you should have reported to them before going to the state.

Is that possible?

Expert:  Jane Doe Deer replied 3 years ago.
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Customer: replied 3 years ago.
I reported problem #1 above to my immediate supervisor in writing on 12/9/2010. There was no response to my memo, one way or another.

What I consider my colleague's unethical behavior became more obvious when she went on maternity leave on or about 1/14/2011, the primary issue was her not seeking help when she knew she was not keeping up with her caseload. I reported what I consider my colleague's gross misconduct in an email to the OBPE on 1/31/2011. I know that the OBPE investigator has spoken with my immediate supervisor, I do not know the status of my complain, other than my supervisor told me he has been subpoened to testify at an OBPE hearing - I don't know when.

So, does my behavior constitute whistle blowing? DT
Expert:  Jane Doe Deer replied 3 years ago.

Ordinarily, yes, but give me a little time to research Oregon law and make sure. I'll be back.

 

Jane

 

Oh wait - I can't see it right now, but do you work for a public or private employer? Sorry, at the moment I can't see what you wrote above.

Customer: replied 3 years ago.
I look forward to hearing what conclusion your expertise and research come to.
Expert:  Jane Doe Deer replied 3 years ago.

Good news - you're protected regardless of whether you're public or private:

 

http://www.oregon.gov/BOLI/TA/T_FAQ_Whistleblowing.shtml

 

This is a pretty good summary, including (at the bottom) what your potential rememdies are.

 

Start keeping a journal. Write down a chronological list of everything you can remember to date (date and sentence description) and sign and date the date you start this.

 

Keep track. Please do this at home, not at work, and do NOT mention its existence to anyone other than a spouse.

 

May I be of any further help to you?

 

Standing by. Otherwise, please be so kind as to click on "accept."

 

My best,

 

Jane

Customer: replied 3 years ago.
Your answer is useful, I'm ready to hit the Accept Answer button, but first tell me, if it comes to it, how do I find a nearby lawyer who is competent in this domain? Do I have to go to Portland to find someone competent, or is there someone nearby (Albany, Corvallis) who is knowledgable?

Please advise. Thanks, DT
Expert:  Jane Doe Deer replied 3 years ago.

You can hire anyone familiar with this area in the law, as long as he or she is licensed in Oregon. Sometimes it's possible to arrange for a phone or Skype appointment, even a paid one, by paying by credit card or check in advance. Gas is expensive.

 

I can't give out names of individuals attorneys, but can give you links to organizations where you are more likely to find someone. I'd look for someone with at least five years solid employment law experience.

Don't actually HIRE an attorney without first checking references. And don't try to pick the attorney's brain on the phone. Schedule an appointment and visit the office, like you would for a doctor! (Or psychologist).

 

http://www.oregontriallawyers.org/

 

I can't find a link, but there is an association of employment attorneys in Oregon, too. You can probably find it through nela.org

 

Keep in mind that just because someone joins one of these organizations doesn't mean they're any good. It's very important to check references, and ask questions such as "does the attorney procrastinate?" "Have understandable agreements and invoices?" "Return phone calls?" Etc. (Besides an understanding of the law, of course.

You can ask me followup questions even after you accept. I'll be here. :)

 

My best,

 

Jane



Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3864
Experience: Atty. 24+ years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
Jane Doe Deer and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
Your advise has been well worth $38.00, DT
Expert:  Jane Doe Deer replied 3 years ago.
You're welcome, but it's not advice, it's information. :)

Thanks so much for accepting, and I wish you the best.

Jane

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