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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110573
Experience:  20+ Years of Employment Law Experience
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I've work at a VA clinic in Florida for10 years, after a

Customer Question

I've work at a VA clinic in Florida for10 years, after a stent in the Navy. We have union representation. There has been no disciplinary action in my employment history. My position requires interface with IT. This has become challenging because of complications relating to a much larger project and clinic not ranking high in priority. This is evidenced by the lack response in said department. With new leadership in place somehow i've become the fall guy and recently told my direct supervisor that upper management wants my head". He also threatened to move me 82 miles from my home and family to work. All of this said with no disciplinary documentation in place. My concern now is that i feel a hostile environment has been created and i'm betwern a rock and a hard place. I'm quite comfortable with approaching the union rep at my clinic, since it's such a small one. Your advice would be greatly appreciated
Submitted: 3 months ago.
Category: Employment Law
Customer: replied 3 months ago.
Not comfortable approaching clinic union rep
Expert:  Law Educator, Esq. replied 3 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Hostile work environment has a very specific meaning that is typically different than many employees think. The US Supreme Court has stated that for there to be a legal claim for hostile work environment, the conduct must be based solely on your age/race/sex/disability/national origin and the laws were not intended to create a code of civility in the workplace. See: Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998).

Unfortunately, if he is doing this for some other reason other than age/race/sex/disability/national origin, you will have to file your complaint through your union by filing a grievance. This is something that has to go through the employer's internal or union process. If you are not comfortable going through your clinic union rep, you need to go through some other union official, but when you are a union member that has to be the first step by the labor laws.