Guidance on complaint made - please read complaint made (I believe my remedies are off) - I just talked to the EEO counselor and he seek remedial and advised from my supervisor - im confused:
(This was my complaint)
Please read the last evaluations my supervisor (three different people) have rate me, all of them rate me exceptional which mean that I have always gone above over the work they required, I have also received an Honorable Discharge from the United Stated Marine Corps and left in good terms my last job as a peace officer (Deputy Sheriff) for the Pima County, Arizona.
I have been a key player on a new security program implemented at post La Paz, read the superior honor award I have received after the implementation of the same.
I believe these are good indicators of the type of work and supervisory skills I have demonstrated during the last 15 years of my security career.
1. Why of my complaint:
- On 02/2014 during an EEO training at U.S. Embassy La Paz, My boss asked the question on EEO training if dual citizens had the same rights as U.S. Citizens. EEO counselor at post responded something to the effect of “no matter that I’m a U.S. citizen, but because my contract is as a Bolivian Citizen I do not have EEO rights U.S. – that I have to go to the Bolivian court for resolution”
At that time I have felt as if my rights as a U.S. Citizen had been voided - canceled, and realized the “why” I had been treated so different the last months.
I have the susceptibility that because of my dual citizenship status and Latino heritage, or mismanagement of different offices at the mission in La Paz my rights have been violated causing detriment to how I perform my job and any future assignments or promotions.
2. EEO or mismanagement:
a. I have been accused on 2012 by a Bolivian Citizen of EEO misconduct, the results of the mediation showed no wrongdoing on my part - but:
a. All documentation has disappeared from Embassy La Paz, how is this possible?
b. When asked why a Bolivian citizen had EEO-U.S. Court rights / I was advised that it was the law - later I discover this:
c. S/OCR stated: http://socr.state.gov/default.asp?contentid=2681
Do foreign Locally Engaged Staff have the same EEO rights as U.S. Citizens?
No. Non-U.S. citizens are not protected by the anti-discrimination statutes that provide coverage for U.S. citizens as they have no standing in a U.S. court. As a matter of policy, however, Locally Engaged Staff employees are afforded the same workplace protections against discrimination as U.S. citizen Department employees by an informal process established at post. Locally Engaged Staff employees should contact post’s EEO Counselor or Locally Engaged Staff liaison for assistance.
b. Bolivian Government continually harassing, to the point of posting accusations on newspaper and internet - open investigation of requesting “secret” information to Bolivian officials - Fear of incarceration:
a. When approached the chief of mission, received an answer to something to the effect of “when you’re on jail we will try to help you”.
b. When approached to my boos and asked for help finding a new job, he offered a 300 dollar job at Peru. When I make approximately 3,000 a month currently and a job in the U.S. would be more than double,
c. No protection of U.S. Embassy La Paz, when all I did was my duties specified on my position description, if this position merited diplomatic immunities. Why they placed my family and myself in danger?
d. Why was not advised of this danger, before when I applied for the job - so I could make an informative decision.
e. Isn’t one of the Embassy duties to protect their citizens?
c. I have been accused on 2013 by the same Bolivian Citizen of “something”:
a. When approached H.R. i was told to go and ask my supervisor.
b. H.R.O. denied myself of my right to be informed.
c. H.R.O. refused to talk to mid - supervisors on my office. They requested hearing in writing.
d. Asked H.R.O. for information on adjudication process, never received an answer.
e. My supervisor advised me that this was political and he needed to answer his boos, to please be patient.
f. I was asked to waive my rights in writing, but was never informed of accusation.
g. Interrogatory contained leading questions not made by my supervisor. Why?
h. Rumor spread by my office, and other personnel was accused during interrogation. Some of them requested investigation – nothing was done.
i. On the hallway in front of other personnel, I have been accused by H.R.O. to keep tracking records on my employees of what offices they go inside the building. I denied the accusation and asked to please walk with me to the post in question and search for a document like that. - H.R.O. takes one side but doesn't investigate.
j. Different rules for the rest of us, H.R.O. friends and promotes the use of her name to females and her friends - but refuses to talk with other sources of information.
k. Not communication effectively, H.R.O. doesn't provide information to local guard force.
l. H.R.O. Providing inaccurate information on different occasions to myself in front of my boss, which leads on local guar force to doubt on information given myself.
m. H.R.O. doesn't oversight accusations to their employees.
n. H.R.O. promoting division of local guard force when she receives only one group of the people but not the rest. Where is fairness?
o. Making RSO cook (illegal) hiring of new guards - doesn’t know her own regulations.
d. During accusation I wanted to apply for a job in the U.S. - Embassy shut down their doors and could not get an answer to truthfully apply in time:
a. Application has a part on, have you ever been investigated, are you being investigated? they also request myself to provide supporting evidence, paperwork.
b. Wanted to ask H.R. if I could apply, but H.R.O. refused to talk to me and sent me to my supervisor.
c. My supervisor advised me that this was political and he needed to answer his boss, to please be patient.
d. My supervisor was aware of work opportunity.
e. I then sent an email to management officer to see if he could help me answer my questions. He never replied to me.
f. I then sent an email to the deputy chief of mission, and received the answer that he and the chief of mission would meet with me.
g. By the time booth received me the application process was over for the job in the U.S.
h. I had waited already more than 3 weeks.
i. I was then advised of no wrongdoing on my part, that investigation had clear me of all accusations.
j. I requested written confirmation to have in my records, and then investigation was minimized. Why?
k. My boss was pushed to provide results to the chief of mission on LGF personnel issues.
a. Wanted to update my position description.
b. My boss advised of possibility of being downgraded, when all my former bosses advise that I promotion was merited and deserved for the amount of people and money I supervised and manage.
c. MY boss advised that under this H.R.O. there are no good chances of achieving this.
d. Why I cannot have a fair re-cage in La Paz?
e. Punished: I cannot go to any post alone
f. Punished: Taken away from RSO email list / all this accusations have caused no more trust to myself from RSO.
g. Punished: RSO jumps the chain and goes to my subordinates.
h. It’s like they are already managing lower in case I decide to quit – all of this situation is very stressful.
i. I will not quit because all the pressure.
j. I made a complaint against other personnel of RSO and the folder has been placed twice on direct access to the people I was accusing. Don’t I deserve a privacy or confidential treatment. This actions have placed me in more jeopardy with the Bolivian government.
Based on this I feel that for some reason I been treated differently the last months, I don’t believe I have to beg for paperwork that clears my name after an investigation, especially when my future in the U.S. is based on this. All I ask is for the job I lost because of this bureaucracy, a fair re-cage, paperwork that states that I don’t have no wrong doing in 2012 and 2013, policy - adjudication process for future complaints for myself and other supervisors, clear and truthful EEO classes for employees – supervisors (advise that U.S. Citizens do not lose their rights), and stop punishing me if I’m not guilty.
I worked for 19 years at Disney and in my last role was serving as xxxxxxxxx for Disney vacation club. I had accountability for two divisions: our cruise line operation and our orlando based business at WDW. My channels exceeded plan in 2013 and were above plan in 2014. I had to take several medical leaves in my career all protected by FMLA to have open heart surgery twice and a few other items. In the fall of 2012 and spring of 2013 I had MLOA to care for my mother who was diagnosed with in curable stage 4 ovarian cancer in 2012. She died May of 2013. In January of 2013, Disney reorganized and DVC had a new leader, XXXXXXXXXXX. He was my boss and was openly upset about my time out of the office to care for my mom. At my mid year performance review in June 2013 he gave. Me a. Falling behind rating despite the fact it was only the third time he and I had me 1/1. There were many errors in his comments which I shared we agreed I would sent him updates weekly going forward to avoid his misunderstandings. I complied. He would often go 3 weeks before replying and then have it be very brief. By the formal end of our fiscal year 2013, we met in October for my final review. He said he found me to be right on track and doing well. Ongoingly, his replies to needs or questions were slow, his tone cold. He had begun looking at any way to find a technicality to discipline me since my performance by all accounts was good the only issue he had was being frustrated by me needing to tend to my heart conditions or my autistic son. On February 7, 2014 I took an extended lunch to pick up a car that I had purchased for my daughter at a local auction. I asked a friend at work to run down with me to drive it back and we could do over lunch. Unfortunately it was a rainy day in Orlando and took longer than we thought so we were gone 1-4:15. Ken outside of my knowledge had been getting copies of my calendar each week. He called me in Monday the 10th to ask about Friday. I made a statement. My secretary made a statement. Ken called me in on Friday February 14 and terminated me. I feel he was out to get me, he had half the facts, he took a he said/she said and he blew it out of proportion to fire a 19 year award winning cast member. Do I have a case? All of my leaves were approved MLOA under FMLA. I got no severance or notice.
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