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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5687
Experience:  Exclusively practice labor and employment law.
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I have been working for the Cuyahoga County Court of Common

Customer Question

I have been working for the Cuyahoga County Court of Common Pleas for 32 years. I have work in a clerical support position, and have been trying to raise my job classification. I have a Bachelor's Degree in a Law related major, and have filled in many times in reception areas of my department. A former employee quit her job as receptionist, and I was placed there for 1 month to fill in, until they knew if she was leaving or coming back. I put in my written request before a hiring decision was made to take her job regular( full time) and not just temporary fill in. I was told to take the job 4 days a week, and go back to my other clerical job on Fridays. All of the workers at this reception job, want me to stay there, we all click and get along. The boss over there never made any complaints to me about my performance, and said I was a breath of fresh air, compared to the other lady who quit. I again, after a month, put in my notice to the hiring person at the Common Pleas Court that I was adjusting well, and would like to stay there, since they had no other time to use on the leaving employee, and she cleaned out her desk. The answer I got from the hiring person, was they already hired someone for Anne's job, and that I didn't have enough reception experience. I was doing reception more than 10 years on the lines filling in at the main office. My boss at the other job also approved a move for another clerical staff employee to go to a new job, without her having any trouble. Is that a fair discrimination case. Should I file a grievance with my union, speak to the Admnistrative Judge, and how should I present myself to get Anne's job back. Can they bump the other hire out if I file a complaint, or could this cause retaliation for me. This has happened about 4 times already to me, and I have excellent work reviews, no disciplinary problems, and get along with everyone. This has given me low self esteem and depression. Do I have any rights?
Donna M. Dubs
Submitted: 10 months ago.
Category: Employment Law
Expert:  John replied 10 months ago.

Your only recourse in this type of situation would be through your union contract. Otherwise it's within management's discretion to place employees. Specifically, in your contract there should be a transfer and bumping clause. Most of these clauses allow transfer and bumping by highest seniority of qualified bidding employee. If you were the highest seniority and are qualified then it is likely that you have a grievance and possible arbitration claim against the employer. You should check with your union on this as I do not know the exact terms of your collective bargaining agreement, of course.

Expert:  John replied 10 months ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). Thank you, ***** ***** wish you all the best with this matter.

Expert:  John replied 9 months ago.

Sorry to bother you, but you haven't yet provided a positive rating for this answer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit and I get no credit for the work I put into the matter. Thanks.