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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118208
Experience:  20+ Years of Employment Law Experience
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I am an employee of a city entity I have worked for the city

Customer Question

I am an employee of a city entity I have worked for the city for 4yrs with no disciplinary/reprimands, all good evaluations yearly. recently my supervisor stated that she felt unsafe wanted to call the police and get an order of protection against me which cannot be done unless I am arrested and that did not happen. Please be aware nothing happened. But to express those words my past criminal history had to be leaked. These are just words being thrown around. Yes I was sent to another facility to work but told there still is an investigation going has been 30 days. what recourse do I have? My union, jobs eeo, and labor relation are all in bed with this. Please guide me
Submitted: 10 months ago.
Category: Employment Law
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 10 months ago.
live phone call please
Customer: replied 10 months ago.
plus my union wants to file a grievance using article VII of grievance procedure; The term grievance shall mean (E) a claim of wrong full disciplinary action taken against a permanent employee covered by section 75 (1) of the Civil service law or a permanent employee covered by the rules and regulations of the health and Hospitals Corporation upon whom the agency head has served written charges of incompetence or misconduct while the employee is serving in the employees permanent title or which affects the employees permanent status. PLEASE EXPLAIN THIS PARAGRAPH TO ME KEEP IN MINE THAT I HAVE NOT BEEN SERVED WITH ANYTHING
Customer: replied 10 months ago.
please call me(###) ###-####its late
Customer: replied 10 months ago.
got to go to work in the am
Customer: replied 10 months ago.
by the way those statements by my supervisor are just that but could only be attached to my pass history.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Criminal history of an employee is public information or records and it is not confidential, even when a criminal record is expunged the information is available to government agencies, so that really is not actionable. However, what is actionable is the supervisor harassing you for no reason. The statement you claim your supervisor made that they do not feel safe is the common cry of people today, as they have thin skins and know if they claim they feel threatened or unsafe that action will be taken and today people feel unsafe when someone sneezes or even looks in their direction, so these claims are becoming more and more viewed as frivolous by the courts.

As far as your civil service protection,the employee is protected from frivolous complaints or from having action taken against them for no reason and without any actual evidence of a violation. This supervisor making false or frivolous claims they are afraid or feel unsafe because of their own mental health or emotional instability issues does not mean that it is true. So your union is right about filing the grievance against her, but in addition to filing the grievance, you can also consider suing this thin skinned individual for defamation, harassment and intentional infliction of emotional distress for their conduct towards you based on known false statements and for no reason other than to harass you and cause you emotional distress. Sometimes that is all these types of people understand, being pulled into court and made to spend money to defend their silly actions.

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Customer: replied 10 months ago.
I need more guidance
Expert:  Law Educator, Esq. replied 10 months ago.
What more guidance would you like.