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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I am a state employee SES with 23 yrs in my job is being

Customer Question

I am a state employee SES with 23 yrs in my job is being threaten, I had one write up in the last 10 yrs and all evaluation have been in the high there's to mid 4 (out of5) can I do anything?
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. It is a pleasure to assist you today.

First and foremost, in the state employment sector, it is important to be very familiar with your state employee handbook and the rights afforded therein. If you feel aggrieved, you should file a grievance based on what is taking place. If they do attempt to terminate you, then you will have an appeals process that you can start as well.

In short, aside from filing a legitimate grievance, there is not much you can do other than document things to use in your appeal later.

With that being the case, there are other outside things you can do under certain circumstances. If you feel this treatment is based on your age, gender, race or disability (if applicable), then you should set up a meeting with the EEOC and file an EEOC complaint. The EEOC will take a look at things and if they find merit, will allow you to sue for damages in federal court. Your employment will be protected as a part of this as well.

Let me know if you have any other questions or comments.

Please also rate my answer positively (three or more stars) so I can receive credit for my work.

Best wishes going forward!

Customer: replied 1 year ago.
As stated in my question Iam SES NOT career service The Warden is doing everything possible to have me dismissed.
Expert:  Delta-Lawyer replied 1 year ago.

My apologies. That does change things in that, as you clearly know, your appeal rights are non-existent. You are relegated to using the EEOC, if that is applicable, for any grievance to be filed. When assessing whether discrimination is at the root cause of the issue, compare yourself to other peers and see if they are receiving similar poor treatment. In the world of employment law, you need comparators such as this to prove discrimination.

That said, if there is no discrimination here, then you really have no other mechanisms to protect yourself.

Expert:  Delta-Lawyer replied 1 year ago.

Just checking in. This is important to me because it is important to you. Let me know if you have any other questions. Thanks!

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