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Used 08 again,
I have typed a grievance trying to utilize your advice. I was wondering if you could take a look and tell me what you think. I tend to speak from my heart on the topic of being a paramedic so I want to make sure it will have the best possible impact. Thanks and here it is.....

February 16, 2009

Mr., County Manager
County of
118 Road
, North Carolina 27030

Dear Mr. Manager:

I have given serious consideration to the conversation with you and Sandra Snow on Tuesday, February 10, 2009 and your advice to concentrate on work and try to overlook the events we discussed. A number of issues have ensued over the past week that places me in a situation of trying to perform my job in what I feel is a hostile work environment. In addition, I feel that I am the target of retaliatory actions.

Therefore, I am filing a formal grievance based on Article V, Section 7 of the Surry County Personnel Ordinance – Workplace Harassment Policy, subsections two and four. According to the stated policy, I am guaranteed the right to work in an environment free from unlawful workplace harassment and retaliation. A Hostile Work Environment is defined in the Ordinance as an environment that both a reasonable person would find hostile or abusive and one that the particular person who is the object of the harassment perceives to be hostile or abusive.

As you are aware, On Friday, January 30, 2009, I sent an email to Dr. Jason Stopyra, EMS Medical Director, requesting that he review the medical calls involving patient care provided by Paramedic John Shelton. This letter was written as documentation to follow up the verbal request that Dr. Stopyra speak with Paramedic Shelton concerning the same calls. Dr. Stopyra refused to take part in anything other than a private discussion with Mr. Shelton and I felt written documentation that I had met my ethical and professional requirements in this matter had been met was reasonable.

On Friday January 30th at 9:30 pm Assistant Director, Jonathan Strickland to inform me that Mr. Shelton had called them into a meeting that afternoon because of my request to Dr. Stopyra and that Mr. Shelton wanted me to know he was mad. Mr. Shelton wanted Mr. Strickland and Mr. Waddell to have a meeting with me Monday about the letter and wanted to make sure I was going to be in the office.


On Monday February 2, 2009 I was instructed to meet in a closed door session with Jonathan Strickland, Assistant Director and Myron Waddell, Senior Supervisor. During this meeting, I was advised that Mr. Shelton was still angry and had made some changes in my job duties as follows:

1.     I will no longer be holding peer review and that responsibility has been given to Mr. Waddell.
2.     I will no longer review any patient Care Report for any reason. Any request I have brought to me for review will be turned over to Myron Waddell.
3.     I will no longer be attending Regional Training Committee Meetings as this responsibility has been given to Mr. Waddell.
4.     My staff and I are no longer allowed to attend EMS management staff meetings.
5.     Mr. Waddell was told that he should move the training files into his office, but advises that they will remain in my office for the time being.
6.     All recertifications must be reviewed and approved by Mr. Waddell before actual recertification is complete.
7.     My Assistant and I are now required to wear field uniforms on a daily basis and be available for call if not actively involved in training duties.
8.     I will report to Mr. Waddell regarding my schedule of office hours and outside activities and days off at al times.
9.     When representation from the training staff is requested in meetings or events, Mr. Waddell’s approval is required. (This has not been the case)

On Wednesday, February 4, 2009, Mr. Waddell informed me that Mr. Shelton contacted him and asked him to advise me that when my assistant and I are in the office for the day, we are to report to the on-duty supervisor to be assigned an ambulance and complete the daily check-off to be available for call. This has previously been the duty of on-duty shift personnel.

On Tuesday, February 10, 2009 Mr. Waddell advised me that Paramedic oral boards had been rescheduled by Dr. Stopyra for February 19, 2009. He further informed me that my presence would not be required. In the past, oral boards have been the sole responsibility of the Training Officer. Mr. Waddell further advised that only Dr. Stopyra and he would be evaluating the oral boards.

Since this incident began Mr. Shelton refuses to acknowledge or interact with me in any manner.   

In addition to the abundant changes in my job duties and the rather obvious reduction in my daily responsibilities and authority, I feel that I am working in a hostile work environment and that the actions that Mr. Shelton has taken are clearly in retaliation for performing my duties as set forth in my job description.
I have been a dedicated employee for the citizens of Surry County for 14 years and have had Above Standard evaluations. The most recent in 2008 completed by Mr. Shelton. I have always done my job as a Paramedic and Training Officer with the quality of care for the citizens of Surry County being my highest priority which is demanded by my professional and personal ethics.

Sincerely,



XXXXXX XXXX, XX, BSN, BS, ASN, AAS, CCEMT-P
Training Officer

Submitted: 280 days and 15 hours ago.
Category: Employment Law
Value: $30
Status: CLOSED
+
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Optional Information

dobson, North Carolina

Posted by Experienced Attorney 280 days and 14 hours ago.

Info Request

Hi -

 

I don't know exactly why your employer is retailating against you.

 

Could your claim actually be a claim under the North Carolina Whistleblower Act?

 

A prima facie case under the Whistleblower Act ( N.C. Gen. Stat. § 126-84 et. seq.) consists of the following elements: (1) the plaintiff engaged in a protected activity under the statute; (2) the plaintiff suffered an adverse employment action thereafter; and (3) the protected activity under the statute was a substantial motivating factor in the adverse action.

 

 

Accepted Answer

Hello Used 08. I am glad you are trying to finally address this issue. There are two issues here that you must mention in your letter to get their attention.

First. you need to specifically mention, as the other expert pointed out the NC Whistleblower Act, because you did report what you believed to be misconduct on the part of an employee and you were immediately retaliated against. You should point that out in your letter.

Second. You need to mention specifically Title VII of the Civil Rights Act in that, as we previously discussed, being discriminated against based upon your gender. Point out that this action was taken because of a legitimate claim you made against a male employee and now you are being replaced with a male employee.

Other than that, the letter was well written.

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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 2/15/2009

Attorney

20+ Years of Employment Law Experience

Posted by Experienced Attorney 280 days and 13 hours ago.

Info Request

Hello - just wanted to say I'm so sorry for butting in.

 

PaulMJD is one of the best experts you can have. Did not know that he was already helping you.

 

Please ignore my intrusion.

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