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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 19132
Experience:  B.A.; M.B.A.; J.D.
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I was a 26.8 yr veteran Deputy Chief of a local LE Agency.

Customer Question

i was a 26.8 yr veteran Deputy Chief of a local LE Agency. After filing an EOC complaint against my Chief and his secretary, Also being confronted by a newly appointed Assistant Chief that I felt he was the wrong choice. I was placed on Admin Leave for Sexual Harassment.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: UTAH = The harassment charge stemmed from an 8-9 friendship with a brother and sister that worked with and for me for years. We joked back and forth with what I call cultural bantering. I called him brother in law, she joked as well. she had a child and we were all close enough I teased about him looking like me. she would joke back as well. A third party who wanted a job in a unit I was over did not get the job due to his performance. So he complained an reported that I said something vulgar. They placed me on admin leave. They used Garrity to compel a statement from the employee and then went on a head hunting expedition to solicit other employees to complain about me. They then decided to change the procedural process in my case. They did not record any interviews, the EEOC person in HR took hand written notes only and then they denied me representation. Our union ave me a heads up, so I retired to save my benefits. Now they are still harassing me to come in for an interview or else. They have also held back my credentials as a retired DC. Since then the Assistant Chief was caught having an affair with one of his direct employees to whom he gave two promotional raises, and they covered it up and merely transferred her.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I was "AT WILL"
JA: Anything else you want the lawyer to know before I connect you?
Customer: I feel that the incident was both retaliatory for my EOC complaint Against the chief and also they were clearing Deputy Chief spots to re-organize the department. I predicted my situation to one of my employees three weeks before it happened.
Submitted: 8 months ago.
Category: Employment Law
Expert:  Phillips Esq. replied 8 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 8 months ago.

I am sorry to read about your difficulties.

I have carefully reviewed your post. However, I did not see a specific question. What is your specific question?

Thank you for your cooperation,

Customer: replied 8 months ago.
Can the EOC/HR change the procedural process by "not" recording the interviews of the so called witnesses, victim or complainant? Not make available to me the actual complainant? And then not allow me any representation?
Not to mention that since I was placed on administrative leave, I decided to retire because I had heard they were looking to fire me by changing the procedural process. They never once even now ever gave me notice what the allegations are
Expert:  Phillips Esq. replied 8 months ago.

Thank you for the information.

Your Questions:

No. The procedure cannot be changed for a specific case, to achieve a certain result. That would not be proper. The procedure must be the same for every case to be fair to all parties.

Even if you have retired, you can still file for a grievance through your union. You were forced out.

Customer: replied 8 months ago.
If I feel that the City HR staff (Head of HR, EEOC HR person, mayor chief of staff) was working with the chief and assistant chief, who would I grieve this with? Should I go to State EEOC or AG office?
I found out just yesterday the Assistant Chief who had had a Domestic Dispute I've an affair with subordinate was only given 5 days off. No Admin Leave, no drawn out investigation in to his past! And it was kept as quiet as could be as not to stir anything up.
Expert:  Phillips Esq. replied 8 months ago.

You need to go the the State EEOC and file a complaint.

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