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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116816
Experience:  20+ Years of Employment Law Experience
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Boss is excluding me, shows forms of bullying, ostrasism,

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Boss is excluding me, shows forms of bullying, ostrasism, does not inform me of what goes on in the dept to do my job. Helps other employee in the dept steal company supplies
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I am from Buffalo, New York
JA: Is the employment agreement "at will," union, full time or part time?
Customer: My position is union, the employee who steals is union and best buddies with the union who also steal
JA: Anything else you want the lawyer to know before I connect you?
Customer: Favortism, this has been going on for 6 years. Because I do not like the employee that steals and my boss and this employee are buddies, he has tried to do things to get me to quit including removing a great dela of responsibilities. Last summer he hid a check in my folder so I would not find it and I had difficult balancing the spreadsheet and turning the money into accounting.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Is any of this being done based only on your age/race/sex/disability/national origin?
Have you filed a grievance through the union grievance process (yes, I read what you said about the union being buddies with the employee)? If so what has the union done in response to your grievance?
Customer: replied 4 months ago.
Giving the fact I am the only female in the dept. They are the good old boys talking amongst themselves, I am not included The boss will come in, go to Corey's office and chat for 45 minutes. This is the employee that steals, doesn't put the correct time on his timecard, works on his in-laws website at work, prints off banners for his in-laws as well and the boss is aware of it. He is on a pedestal. When I noticed in the beginning over 5 years ago that Corey did not sign in which are the company rules and I noticed him coming in late and not putting down the time, I went to the union president and he told me to butt out I am not the boss. I have done nothing further since that time. I can't take it anymore. He is very slick, you think you are on good terms, then when you do something he doesn't like - me taking off - then he plays his games and ignores you. I am thinking of going to the EEO dept tomorrow.
Customer: replied 4 months ago.
If it makes a difference I work for a government agency.
Thank you for your reply.
If you can prove you are treated differently based on your sex, then you can file a complaint to the EEO about discrimination based on sex. However, absent proof of discrimination based only on your sex, you would have to file a grievance about the other conduct towards you through the union grievance process because the US Supreme Court has stated that the laws protect employees only from conduct based on their age/race/sex/disability/national origin and were not intended to create a code of civility in the workplace (they were not meant to stop bullying). See: Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998)
If once you file your complaint, your boss retaliates, then this is a separate cause of action you can sue the employer over for such retaliation.
Also, if someone is stealing from the company, that needs to be reported above your boss's head to HR or security or to the EEO as well.
If this is simply bullying and they are violating the terms of your union contract AND your union refuses to submit a grievance, then you can file an unfair labor practice and breach of contract claim to the National or State Labor Relations Board and you can pursue the union for unfair representation as well as the employer for violating your contract through your complaint to the labor board.
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