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Question

I filed a grievance at work, and since filing, have been blatantly retaliated against, including being threatened with a 10 day suspension, accusing me of not being at work, yet marking that I was, and I have solid documents proving I was at work. After 5 months of mediation being put off, (1 reason being we were 45 minutes into mediation, and the mediator wanted my main boss present because of him making very crude remarks about me to my union rep), I finally had my day of mediation. It didnt turn out like I expected. The mediator didnt look at my proof, only the attorneys went back and forth negotiating, and bottom line, they offered me an amount of money, that really is money owed to me because of working out of class for a year and a half (that was part of the grievance filed), and for me to leave. So, basically, I call it bribe money. Also, if I accept their deal, I have to drop the EEOC charges against them. Can they do this? Can an employer get away with retaliation?

Submitted: 449 days and 12 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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Optional Information

madera, California

Already Tried:
I have tried mediation, which the unions attorney represented me. All issues were suppose to be addressed, yet, like I said, it was all about negotiating, and basically buying me off! Basically, what they offered me to leave, is what I am entitled to for working out of class for a year and a half. So basically, I am getting what is rightly mine, but loosing my job!

Posted by INFOLAWYER 449 days and 12 hours ago.

Answer

You are not required to accept the mediation offer. The negotiation can continue if the parties wish or the case can continue on.

449 days and 12 hours ago.

Reply

They told me it was only a one day offer....and the main problem I am having is the continued harassment.....and what can I do to make them stop?? My attorney metioned a PERB charge..something like that, but I have no clue what that is. All I really want is my compensation for working out of class, and to stay at my job without any more retaliation or harassment. Is this possible? If so, how do I do this? This involves sexual harassment, retaliation and discrimination due to disability.

Accepted Answer

If you reject the offer, the case will proceed.    You should ask your attorney if its advisable to file for a restraining order to keep the harassing parties away from you.

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Expert: INFOLAWYER
Pos. Feedback: 95.4 %
Accepts: 
Answered: 8/31/2008

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