How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20296
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
19127644
Type Your Employment Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

I am approaching 15 years at my current job with Atlantic

Customer Question

I am approaching 15 years at my current job with Atlantic County Government. My last Director (boss) retired in April 2015.. A new boss was hired in July. I have good evaluations for the last 14 years and I am a dedicated employee. I now have been written up and am facing a 5 day suspension from the new boss. I have filed a grievance. I have contacted our EEO officer to discuss this on 3 occasions and he wrote a letter to me that there is no harassment in this case. I first filed descrimination papers with him, not harassment. On Wednesday-Feb.10- the new boss threatened me that she is going to write me up for insubordination. I have not gotten along with her since she started. I have alot of written documentation of things she has done to me. I am not treated as the rest of the staff. My job now is making me sick. I bite my nails, my bowels are in upheavel, and I absolutely despise going to work now. The administration seems to sweep this under the rug. I have asked to be transferred. So far nothing is done. My health is at risk now---I am hostile, nervous, high blood pressure (which I have never had in the past), not eating right, and very negative. I just need some resolution. I do not want to lose my job. My husband is a disabled Vietnam Veteran and I take care of him. He got very ill in July and almost died. I need my job. Can you help me?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information. Just to repeat what the Site discloses in several places, including the TOS, this is not a legal representation site, nor do we give advice or opinions since we are not forming an attorney-client relationship. We do, however, provide legal information as it relates to a specific question and options to resolve issues, if there are some. If that is what you are looking for, then I will need you to ask a specific legal question. Also, just to supplement the information you have provided, are you saying that you believe you are being targeted not because of a personality or performance issue but instead because of your race, national origin, gender, age (over 40), disability, religion, pregnancy, or military service?

Customer: replied 1 year ago.
I wish to know whether I have a case and if I need to hire an attorney? Yes, I would like to speak with you on the phone.
Expert:  Marsha411JD replied 1 year ago.

Thank you for your reply. For reasons having to do with my Bar Association's ethics rules I cannot provide the phone call service that the Site advertises. That is not my offer, it is theirs and unfortunately, it does not comply with those ethics rules I mentioned. Therefore, I will not be able to assist you if you are wanting a phone consultation. If that is what you are wanting, please confirm and I will opt out of your question and perhaps another Legal Expert will be willing to provide that service.

Customer: replied 1 year ago.
I apologize....I really can't afford to speak to you on the phone for that amount...sorry about that. I'lltry to make this quick... I worked under a Director, Asst. Director, and three other co-workers for the past 14 years. They have all retired in 2015. I am the last of the old team. New management has come in and the new Director is hiring new staff. I truely feel that she wants me out of there. I am spoken down to, watched at all times, I am ordered about, and even been disrespected in front of visitors, staff members, and residents. I work at a County nursing home as a recreator. All of the things and programs o the past that I have performed is now changed. I basically want to know if I have a case and a leg to stand on.
Expert:  Marsha411JD replied 1 year ago.

Hello again and thank you for that information, although I don't see where you directly answered my question about whether you felt like you were being targeted because you are in a protected class (the list I provided) under employment discrimination laws. That is key here, because if you are not being targeted for being in one of those categories, then there is no "discrimination" or EEO case. In other words, although the treatment you have received might violate your bargaining agreement, which you can grieve and follow the processes through your BA for, there would be no independent cause of action for discrimination unless you are being targeted simply because you are a member of a protected class.

If you do believe that this treatment is only due to the unlawful discrimination I described, then you can file a complaint with the EEOC, which is the Federal agency that handles unlawful discrimination. If not, then you must use your union grievance process if you believe that the bargaining agreement has been violated by your supervisor.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Customer: replied 1 year ago.
In regards ***** ***** harassed/threatened to be written up, and she does this in private with no one else there, would that fall into discrimination? The county EEO officer sent a letter to me that he found no grounds for harassment. It was my side of the story and hers. I feel that theyare protecting her and that I am just to take whatever she dishes out. I just don't know where to head with this. This is really upsetting and affecting my health. I have asked for a transfer for the benefit of everyone involved. I'm basically told to suck it up and deal with it. I am coming up on 15 years in April, and I have a good pension in place. I'm not old enough to retire yet (I'm 56). If you could possibly explain Protected Class please. I am Caucasian and my boss is AfroAmerican. I am the oldest one in my department. I am treated differently by her than the other staff....let's just suffice it to say that I am not a suck up. I have to work much harder than they do. I just need some help on where to go next!
Expert:  Marsha411JD replied 1 year ago.

No, there is no "discrimination" unless there is adverse employment actions or severe or pervasive harassment and it is motivated by an employee's gender, race, national origin, age (over 40), disability, religion, pregnancy, or military service. So, there must be both the kind of treatment I mentioned and the motivation I mentioned.

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 11th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I never received your rating. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.