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I am in a grievance at work. La city job. Didnt mean to send…

Customer Question
I am in a...

I am in a grievance at work. La city job.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Didnt mean to send just that

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes

Submitted: 11 months ago.Category: Employment Law
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Answered in 2 minutes by:
8/4/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 11 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,860
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.

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Employment Lawyer: Law Educator, Esq., Attorney replied 11 months ago

What is your specific question for us?

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Customer reply replied 11 months ago
Just wondering what my legal options are.I have numerous issue with my work situation
I've been in a supervisory position for about 18 of my 22 years there. Tho my title doesn't match my role. I test thru the city for the position that fits the role I fill at work and I rank either 1st or 2nd overall but get passed up every time I interview. None of the other candidates have the experience that I do considering my current roll is the same as the promotion position.2ndlyI recently had my old boss removed and a new one came in. Things have been bad ever since.
He has a huge bias against me and I can get thru to him to be objective about anything regarding me. 9 months ago he gave me a rediculous evaluation. I'm grieving it.
He received some complaints about me from some problem staff under me. This particular group of friends slowly attricukated into my group so they could all be together once again. They had previously worked at another place together and had a bad history there of lying about their boss. Someone warned me about it and I passed this concern up to my boss.After a particular incident with one of them being insubordinate I discussed the issue with my boss he told me to tell her if she does that again she will be written up. But we were being eavesdropped on in that conversation and this eavesdropper went to this girls friends and co workers and said that I was "trying to get her written up"
This started a war against me from this group and my boss has believed without investigation or due diligence everything they've said and out it in my evaluation. I was subsequently denied two more promotional opportunities.I'm still in the grievance demanding a fair eval and the promotion.Yes
I can be more detailed if we talk if you'd like?
Customer reply replied 11 months ago
I see the $59 fee..
I might do that but can I first hear what your thoughts are for my situation?
Employment Lawyer: Law Educator, Esq., Attorney replied 11 months ago
Is any of this being done to you ONLY because of your age/race/sex/disability/national origin?
I still do not see any real question about this for us, as you are in the union grievance process, which is your legal recourse.
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Customer reply replied 11 months ago
Unfortunately I do not fall into one of those classes.
Yes the grievance is my First step recourse. I am hoping to get a sense of what my prospects are legally through the courts if I hold out in the greviance and don't settle as is being suggested I should do. They've offered a corrected eval but that doesn't fix the damage it caused. I was an absolute lock for the latest promotion and many folks at the zoo could not believe that I didn't get it. Even the person that did get it. My bosses claim that this individual did a better interview. But that's a cover. Not only was I not really even considered because of my rediculous eval. (Which was all heresay and not supported by any factual documentation.) Nor does it make it clear to my boss how wrong he was. What's to protect me from the same bias he has demonstrated to this point.
Customer reply replied 11 months ago
The interview questions were formulated to put my recent staff dissection at the forefront of their focus and zero questions were asked about my experience that qualified me for the position. Which also means they did not ask the other candidates about their experience either so there would be no record of the huge advantage that I have in that category
Employment Lawyer: Law Educator, Esq., Attorney replied 11 months ago

Thank you for your reply.

Unless there is some contractual provision that they are violating, absent one of those classes being the only reason for the conduct toward you, there really is no court remedy. Your remedy under your contract is your grievance and then asking for arbitration for the grievance if it is a violation of your contract terms. Absent contract violation, I am afraid there is no legal cause of action against the employer. You would have to use the union process if they are not properly promoting you for any reason other than age/race/sex/disability/national origin, since you would not have a court claim, it is a claim under your contract and the union is the SOLE agent to represent the employee in claims against management under the contract and that is through the grievance/arbitration process in the contract.

HOWEVER, if someone is making known false claims against you and this is causing you financial harm, you can file a suit for defamation against the person making false claims and seek damages against them.

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.

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