Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I work for the Fed Govt-was continually promoted and have

Customer Question
Hi. I work for the...
Hi. I work for the Fed Govt-was continually promoted and have worked in very high level situations. I was super promoted and picked up 2.5 yrs ago by another agency (in the general field) and my boss should not be my boss. She was never fired and has either a drug or alcohol problem that has been witnessed by a handful of ppl including myself. I am a very hard worker and because she constantly lies, I had to go to the union. Because of this, I feel she has been retaliating against me ever since. one second; still going
JA: Is there any reason to believe this to be retaliation, or based on race, religion, gender, national origin, being age 40 or older, or disability?
Customer: No, because I went to the union.
JA: Is the employment "at will," union, full time or part time?
Customer: I am union full time; I believe NYS is at will?
JA: Anything else you want the lawyer to know before I connect you?
Customer: She keeps giving me unfair performance reviews. New ppl are coming on board and she is giving them higher ratings than me. I informed my Chief of Staff 2 months ago how my boss cannot show up to work and has been stealing govt time the whole time I've been here. I whistle blew and nothing has happened. No one is doing anything at the local level. I have one more Director I can go to above him, but because of my bosses lying, this job is making me sick. I am truly in a hostile work environment and want to propose that they put me under some other manager besides her. Also, I do sort of have an EEO complaint.
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Customer reply replied 1 year ago
Out of a 5 rating, last year I received a 3.1 (just over the acceptable line) and saved the agency annually about $20k. Nothing was in my PPA about any of my accomplishments. The goals that were given last year and promised to me in this years performance review - were not even brought up. When I did bring them up, she just kept saying I'm sorry and saying that she did not have proof of my experience. I went to the union last year and they said basically she can say or rate me anything she wants. But this year I increased to a 3.4 which still keeps me in the meets expectation levels. I begged for a 3.5 so that I could get into the exceeded bracket, and she would not budge. This means another year that I am unable to apply for details around the country or apply for certain jobs. I told the Chief of Staff who is new to his position, that all I needed was a higher rated perf review so I could get out of here. While I went up 3 pts, the other person who went from a grade 7 to 12 last year who cannot do any of the work I do, but is friends with the Chief of Staff, scored a 3.5 and is in the exceeds category. I am not being petty about this - I can verify how hard I work and that everyone loves me at my agency. The only thing standing in my way is the worst person and boss anyone could ever have.
Customer reply replied 1 year ago
P.S. I need anonymity with this posting. PLEASE, do not post!!
Answered in 12 minutes by:
11/2/2016
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 119,556
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If she is harassing you because of your filing the complaint against you, then first step is going back to the union. If the union cannot pursue another grievance against her, your next step is to the EEO. The only reason for having an action against the employer/supervisor though is going to be that you have to prove she is doing this to you based only on your age/race/sex/disability/national origin OR in retaliation for you pursuing a union complaint or some other complaint you had a legal right to pursue. So you will need to show your evaluations were fine up until you made the union complaint and now your reviews have changed and it is based on you making the complaint against her.
If the union or EEO cannot resolve the issue, then your final recourse is suing the employer for retaliation.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Ask Your Own Employment Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 119,556
119,556 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
In a US District Court complaint are thier any retaliation
In a US District Court complaint are thier any retaliation laws or acts that could be used In a retaliation lawsuit against a state that would overcome a claim of state soveirgn immunity by that state… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
I was accused of creating a hostile work environment. At
I was accused of creating a hostile work environment … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have been dealing with a hostile coworker in my workplace.
Hi, i have been dealing with a hostile coworker in my workplace. She works under my direction and supervision. She has a close relationship with my director. When she is asked to do something in workp… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,088 satisfied customers
I am having retaliation issues from employer due to worker
I am having retaliation issues from employer due to worker comp. what can I do? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
I believe I was wrongfully terminated in retaliation for
I believe I was wrongfully terminated in retaliation for raising questions about gender pay inequity and bias treatment towards me as a female, should I go to the EEOC or find my own attorney? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,088 satisfied customers
Do I have a legal retaliation claim for being demoted after
second opinion] Do I have a legal retaliation claim for being demoted after I refused to follow a supervisors unethical practice according to nys Dept of education code of conduct for social workers?… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,888 satisfied customers
Do I have a legal retaliation claim for being demoted after
Do I have a legal retaliation claim for being demoted after I refused to follow a supervisors unethical practice according to nys Dept of education code of conduct for social workers?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
In a wrongful termination in retaliation complaint, all I
In a wrongful termination in retaliation complaint, all I have to do is show facts that show all elements of wrongful termination, correct? Thanks.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question regarding hostile work environments
I have a question regarding hostile work environments claims … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I have questions about retaliation in the workplace and what
I have questions about retaliation in the workplace and what are the legal options someone is afforded? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I've been falsely accused of creating a hostile work
I've been falsely accused of creating a hostile work environment and HR will not work with me towards resolution and they will not retract their accusation … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
Seeking retaliation and harrasment complaint i am being
Seeking retaliation and harrasment complaint i am being forced to resign because i was displaced via harvey and have been working remotely. I can not return to the office and others are able to work remotely for months im worried a forced resignation will also effect my unemployment … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I believe I have been retaliated on at work. Colorado. At
Hi there! JA: Hi. How can I help? Customer: I believe I have been retaliated on at work. JA: Because employment law varies from place to place, can you tell me what state this is in? Customer: Colorad… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I have been harassed,discriminated and retaliated for years.
I have been harassed,discriminated and retaliated for years. I am a public school teacher 65 years old with an ADA letter of accommodations. My principal violates the ADA law, the union contract she h… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,556 satisfied customers
If I had been working in a hostile environment and then off
Hello. If I had been working in a hostile environment and then laid off do I gave any legal recourse considering I've endured health and other important issues behind it? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,088 satisfied customers
Is the the right place to ask about being retaliated against
Is the the right place to ask about being retaliated against after reporting a co-worker for lewd comments? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
I was terminated due to retaliation, although it was
I was terminated due to retaliation, although it was disguised as a reduction in force due to lack of funds. I am experiencing extreme stress, and I am taking anxiety medication and have sought therap… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
I have been majorly retaliated against for reporting drug
I have been majorly retaliated against for reporting drug use at work. Now they have recently told me I'm of the schedule for reasons unknown. Who do I call/ what should i do first? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,088 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x