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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116709
Experience:  20+ Years of Employment Law Experience
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I work for the Fed Govt-was continually promoted and have

Customer Question

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: 8 months ago via EmployeeIssues.
Category: Employment Law
Customer: replied 8 months 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: replied 8 months ago.
P.S. I need anonymity with this posting. PLEASE, do not post!!
Expert:  Law Educator, Esq. replied 8 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.
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.
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