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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19179
Experience:  Employment/Labor Law Litigation
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I work state agency. My supervisor is known to target people

Customer Question

I work for a state agency. My supervisor is known to target people and I am now his target. I was given a satifactory evaluation but also a performance improvement plan that include over 20 tasks. I filed an internal complaint with HR. While they investigated and changed what they called the plan, my supervisor has added even more duties that I am to complete that no other employee has to do. Is he in violation of retaliating against me?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Yes, that certainly seems to be retaliation and singling out. Let's start with the problem and then talk about the upside here. First the problem, unless you can allege that this singling out is based on your race, religion, gender, age, disability or recent FMLA use, there isn't really any government agency that can assist you here. Retaliation and discrimination (singling out) is only illegal under federal law when based on the factors I mentioned above. So, without some specific allegation of discrimination, your path forward is not as easy as simply filing a EEOC complaint.

That being said, when you have a state job, you have a right to your employment that other employees in our country don't have. There is a due process requirement before you can be terminated. So, you are right to make your complaints internally to HR. That is the first step to preserving that right to sue. You should also complain about these new requirements, to get the retaliation for your original complaint on the record. The employer may or may not handle the matter properly, but the reason you make the complaint is to take away the defense that they were never given a chance to cure.

If you ultimately are not satisfied with the response of the employer, you then have to file a state claim of failure of due process in your job, which is a state level claim that a local attorney can file for you.

Customer: replied 1 year ago.
I did file the complaint and the first process is for them to internally investigate. They did and said that it wasn't discrimination based on FMLA or gender but changed the PIP plan to a supplemental plan. This all happened in May and because of the stress my shingles came back and I was put on medical leave for the summer. Now that I am back, the plan is still in place and my supervisor has added two different types of certifications to the plan as well as my normal teaching load. No one else has to do these certifications even though they teach the same classes. Does this mean that even though they denied the claim he is now retaliating because I filed the complaint. The next step for the discrimination side is to go to the outside the agency which I am debating now to do.
Expert:  Allen M., Esq. replied 1 year ago.

Your initial complaint is different than this one. This one would be based on retaliation for your having filed the first complaint, so it is it's own thing and again requires you to submit an internal complaint.

So while the next step for the discrimination side to go outside the agency, you still have one more complaint internally to make for the retaliation piece.

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