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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I work public governmental entity and am in the state

Customer Question

I work for a public governmental entity and am in the state retirement system. Our agency recently consolidated with another mental health company to cover more counties as an MCO. I have been with the agency for 26 years mostly as a director. A person that I used to supervise in the past became my boss. She left my predecessor company because I did not promote her previously. One month after we merged, she moved me to another division. I retained being a director but I lost all my staff but my assistant, was moved under another director, was removed from the clinical directors meeting and the leadership team. I did not lose pay and retained the director title. I have lost most of my work and now lead three projects that I had previously. I have 26 years in, almost two years of sick on the books to convert to years of service towards retirement. I have to work two more years to retire with 30 years in. I have to retire with 30 years to get medical retiree health insurance and full retirement. I would need to work about two more years. I feel she has retaliated against me because of when I was her supervisor. I don't want to leave the agency because I am too close to retirement and health benefits until 65. I am only 50. What do you recommend? I make close to 90,000 annually.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of employment law experience, with much of that being government sector experience. It is a pleasure to assist you today.

This is a tough situation and it can take one of two courses: (1) Try to stick it out as there are not many legal options here unless you are being discriminated against based on your age, race, gender or because of a handicap - even retaliation suits have to be predicated on those classes of protection under the civil rights act; or (2) try to find another government agency to work for wherein you can transfer your retirement under the state retirement system with your move.

In either scenario, for the time being, it is my recommendation that you document every interaction, both direct and indirect, with this individual. Based on what you have shared with me, I think that discrimination may be at play here, but is not ripe for suit just yet through the EEOC. You need to document and that may later lead to a suit.

I have dealt with this situation many times. I have seen it result in litigation, early retirements and new jobs in different agencies. In my experience, the people that adapt to their new surroundings and kill the afflicting person with kindness are the ones that thrive and ultimately reach their goals, in spite of the obstacles placed in their way.

So, for the time being, I urge you to do just that...take this one day at a time and strive to thrive in the new job. Document your interactions. If litigation is necessary, it will present itself clearly.

Please rate my answer positively and let me know if you have any additional questions or comments.

Thanks and best wishes!

Expert:  Delta-Lawyer replied 1 year ago.

Did you have any other questions or comments? I want to make sure you are as comfortable as possible moving forward. Thanks

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