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a new manager was brought in my dept at work... I was suspend

for 2 weeks in jan...
a new manager was brought in my dept at work... I was suspend for 2 weeks in jan feb this last year 2 months into here taking over ... she made me sign a contract with my union for work performance for one year.. Today, she sent me home for putting a patient in a wrong chair and said there was something else also that I did stating 'patient safety'.. she didn't let me call my union she said don't come back tomorrow I will talk with you and your union next week, she is always nit picking me- harassing me and singling me out.. contacted a shop steward who said just go home.. not sure what to do I work for Kaiser
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Answered in 58 minutes by:
9/19/2013
Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33,167
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
Verified

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you have any reason to believe you may have been discriminated against on the basis of your race, age (40 or older), gender, disability, or other protected status?

 

I look forward to assisting you as soon as I have received this information. Thank you.

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Customer reply replied 4 years ago

Hello Tina

 

I have no idea? I have worked here 17 years in November.. I'll be 50 in Oct it's Kaiser hospital..... I have been told by same manager maybe I shouldn't work in the depart because of my knee problem.. Right knee

 

this new manager - who has now became Director singles me out... I'm just worried about my job.. having to sign that contract out of duress in February.. I'm well liked by patients.. I just believe this manager has a personality conflict with me.. .. I don't know what to do and the union hasn't advised me and says she can fire me for any little reason....

 

I've had to get counseling for it.. the stress is bad...

 

she is trying to make any little problem a big issue,, it's almost a form of harassment-- I feel anyways.... intimidation- constant negative feed back- told me not to whistle- not giving me info--- like, I'm not part of the depart... almost bullying and using her status to treat me any way she wants...--- chronic hard time..

 

 

I see. That is a horrible work environment for you, Christina.

If there is no unlawful discrimination involved but a personality conflict (which is not prohibited by law), your best option under these circumstances is typically to rely on the union since bargaining agreements normally prevent employers from terminating employees except for good cause.

So I would normally file a grievance under these circumstances after determining the provision of the bargaining agreement that the manager is violating. If you are unsure and the union cannot aid you in determining what provisions she may be violating, then it would be best to have a local attorney review the bargaining agreement to determine your best options.

If other employees are not being disciplined for the same conduct, that would typically aid you in arguing that there is not good cause for the employer's actions and a breach of contract is involved here. That is the value of having a union in place since most employees can otherwise be terminated at the will of the employer unless unlawful employment discrimination or retaliation is involved.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina


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Customer reply replied 4 years ago

well I believe the managers actions ... are singling me out.. when other employee's are not, performing the same duties- this said manager will call me into her office-- say for not cleaning a simple chair---- Oh yes, the work conditions are harsh frustrating and it's as if she is trying to nit-pick any little thing to cause me stress, anxiety I have no idea what the problem is wouldn't that be a form of harassment & bullying, and a form of retalliation of her part?

Hello again, Christina.

Yes, it does sound like harassment and perhaps retaliation by the manager, but it is not the type of conduct prohibited by state or federal law unfortunately since you believe it is due to a personality conflict rather than based on your gender, age, disability, or other legally protected status.

However, most union agreements prohibit harassment, so your argument would normally hinge on a breach of contract based on the bargaining contract but you need to review the contract to determine where that is included in the contract, so you can cite to it in your union grievance.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33,167
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
Verified
Tina and 87 other California Employment Law Specialists are ready to help you
Ask your own question now
Hello again Christina,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.

I also wanted to make sure that you did not have any further follow-up questions for me from the legal question I answered for you. There have been technical issues lately so the attorneys are not always getting replies or ratings (which is how we get credit--paid from the deposit you left with the Site--for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-tina/
Thank you very much and all the best to you.
Tina
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Tina
Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33,167
33,167 Satisfied Customers
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.

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