Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing Employment law
for 19+ years and look forward to assisting you.
With regard to your post:
I am a 56 y/o/f - Registered Nurse working for a large insurance company. My concern has to do with being wrongfully accused of 1) doing drugs and 2) lying to my supervisor. My supervisor councelled me about being accused by an anonymous co-worker of "doing drugs" and was going to report me to the ethics board. This accusation was based on a statement she said she overheard me make to another co-worker that I had a medication hangover that morning. This accusation remains in my "file" without documented resolution. This happened 1 year ago. I was not offered the opportunity to be drug tested or submit a written response. Did you know you can go get yourself drug tested? Speak to your own doctor and ask for such a Rx for a blood test. Don't rely on others to build your evidence for you, particularly if they have an agenda that is inconsistent with your interests.
At the time I was devastated by this that I did not request either of the above to clear my name. I understand.
Then 2 weeks ago I was given permission to work from home (via computer linked thru my computer at work) in order to
be available for workers to come to my house to switch from one cable provider to another. OK.
I was working on the computer when the technician disconnected me without warning from the internet. OK, yes, that will happen if they are there to change your provider.
I immediately notified my supervisor by phone of the situation. Good. And I immediately notified her by IM as soon as I was told I had access to the internet again which was approx 2 hours later.
I have now been accused by my boss and her boss of lying about about not being able to work for those 2+ hours. But you didn't lie, right? You admitted you couldn't work those hours because the cable co. disconnected the internet access, correct? Consider printing off your phone detail record showing your outgoing call to the office at the very time it occurred. And if you DID document your IM print a copy. If you didn't think to take a screen shot or the like and it is not saved in an account on your computer, try to remember in the future.
There is much more in my "file" that she is keeping on me. Well, that is the job.
The majority of these "notes" are unfounded and unwarranted. Who decided unfounded? Were they investigated? Or or you just saying your opinion?
For instance, I called her to tell her I did not like how one of our doctors talked to me -"Do it Mary! Just do it!" - in regards XXXXX XXXXX him information on a case. OK. Not seeing anything illegal there.
But her note is only about the doctor telling her that my documentation is 'lacking'. OK, I know we don't like it when a co-worker speaks to us without the respect and/or professionalism we would like. However, unless you have a written contract where the employer has bound itself to document your complaints on decorum or illspeaking co-workers, the employer CAN pick and choose how to run its business and deal with complaints. I.e. as of now, no state, including LA, requires that an employer even address complaints of rudeness between employees, much less put it in writing. It is also free to treat complaining employees differently, based on the employee, based on the type of complaint, etc. But it can NOT treat them differently based on a protected discriminatory class, such as, "she is female and he is male." As such, we won't worry about her complaints, but we will document his. (Or Race, disability, nationality, etc.).
My supervisor and I were peers and friends at work prior to her promotion. She told me after the work at home incidence that she has "trust" issues with me which she has shared with her supervisor (which was also a peer prior to promotion) and is now under the impression that I am untrustworthy. That is untrustworthy. If she is legitimately concerned (as in, "really" is unsure, rather than knowoing you are legit but trying to make you appear illegit to others), consider showing her the proof that what you say happened, actually happened. In fact, you probably DO have the work receipt from the tech that was at your house. Use it.
I have never been accused of such things, am innocent of these accusations What accusations??? You mean this one about not working those 2 hours that you intended to work, but couldn't due to internet? Show her the proof of what happened and offer to make up the hours.
and need guidance what steps I should take to have all of this resolved. It will only be resolved if both parties want it to. If an employer (or its agent) does not choose to resolve favorably, and there is no contract term that you were able to secure in writing that forces the employer to favorably resolve, or give you some level of "due process" before disciplining, you can only rely on it choosing to do so in its discretion, because you have no contract where it is obligated to do so. That being the case, what is often the best (but never guaranteed tactic) is to bend over backwards to get them to either look at your evidence and realize you are telling the truth, and/or realize how sincere you are in wanting to continue to do the best job possible, and put this behind you both. But THEY have the power and you do not - i.e. neither side can force the other to do anything in particular. Each side can decide to terminate the employment relationship.
My supervisor still has doubts of my truthfulness even after providing her with a letter from the cable provider supporting me. OK, that is helpful. Now show her your phone detail that proves you called her at X'O'clock as soon as connection went down.
Any guidance you might have for me in this troubling situation would be greatly appreciated. Hope this helps Mary. It sounds like you do need to schmooze, but getting evidence is likely the best way to prove to her factually that you did indeed call as soon as power went out. Offering to make up the work, and perhaps a little extra to show you are trying to make whatever is lacking due to your not working, be fixed so there is no loss to the company from your loss of 2 hours of work at that time. That would likely be the stance I would take.
Thank you! Mary
Country relating to Question: United States
State (if USA): Louisiana
What have you tried so far?: My supervisor and I met to discuss her reasoning for not trusting me. To add to my concern in my narrative - I was told that I could not work from home for 3 months (which is not a problem for me) and that I would have to take a full day Personal Time Off if I had to go to any appointments (I am currently being treated for hypertension and depression by two different physicians.) Is it legal for them to make me use 8 hours of my PTO for a 1 hour doctor appointment - after which I almost always return to work to finish out the day? Possibly, if it is a legitimate need. But, also look at possible FMLA protection. While we can get intermittent FMLA time off at times, there are rules that say an employer can't charge you 8 hours off your 12 weeks of FMLA leave (unpaid possibly) if you only need 2. Alternatively, if you don't want to make more waves, consider making your appointments at night or on weekends. Many doctors have evening appts. available, or weekends, so consider using such a doctor so you are not asking for more concession, when you are already in the hotseat. I.e. make your personal medical needs your issue and not your employer's inconvenience, to help you get back into the position of trust you seek.
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