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I have several issues. I have filed 2 IG complaints and an…

Customer Question
I have several issues...

I have several issues. I have filed 2 IG complaints and an EEO complaint againts my government employer. I recently had a meeting with management with they tried to cancel because they said I had an EEO complaint and the meeting was discussing not having to work with a fellow employee becasue he gave out private information about me to law enforcement voluntarily and was not under investigation. My union steward called me 30 minutes before the meeting telling me that the meeting was cancelled. I pleaded with him for what felt like 10 minutes or more. I told the union steward that "if I had to work with that piece of shit I would f**king kill him". After I got off the phone the steward went to management and told them what I said. He then called me back and told me that we could have the meeting. After the meeting was concluded I was detained by law enforcement and charged with the threat that I made. 30 minutes after I was issued the citatiion a law enforcement officer called me back and told me to destroy the citation. I did not.

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

New Mexico, I work for the Air Force as a civilian and I'm a 100% disabled veteran.

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

I'm not "at will". I have a career appointed position. Union is full time.

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

I have been employed for about 8 and a half years and served my country for 4 years. So I have over 12 years of government employment.

Submitted: 10 months ago.Category: Employment Law
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Answered in 1 minute by:
9/24/2017
Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,244
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 10 months ago
My payment info is up to date not sure why there is a payment error.
Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago

I have no idea either. Sometimes the system just does that on occasion. You may have another chance to request a call coming up soon.

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Customer reply replied 10 months ago
I would like to know if the union violated confidentiality.
Customer reply replied 10 months ago
I should be able to speak to my union steward without reprisal, especially when they did not give me the benefit of the doubt. The union should protect me even when I am totally stressed out, have tried to address my matter with management, and only asked the union to get involved to protect my rights.
Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago

Ok, thank you for your patience. Generally, if someone publicly discloses private facts about another person that a person would reasonably find offensive, then they could be liable for the harm done. In this case, if you said that you would kill him, then unfortunately by telling someone else, the facts weren’t private. However, you may have a claim under contract law. This appears to be a violation of the implied covenant (promise) of good faith and fair dealing because the union violated its contract with you by trying to get you in trouble. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward the other can result in a breach of contract. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then you may want to consider bringing a lawsuit after that because it will be clear they will not be willing to settle the issue. What other questions did you have for me?

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Customer reply replied 10 months ago
I work in an Emergency Dispatch Center for the Air Force. If my coworker gave out medical information about me or anyone else, are they violating my privacy rights.
Customer reply replied 10 months ago
I have Crohn's disease and only reveal that fact because I go to the bathroom several time during a shift.
Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago

I see what you mean. If that is the case, then the co-worker may be liable for publicly disclosing those private facts. medical diagnoses are often going to be private facts. Against the union though, you may not have quite the same claim. Did you have any other questions for me?

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Customer reply replied 10 months ago
I feel like I responded to the union steward in and under duress, and what I said was impulsive to the situation. The reality is, is that
Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago

I see what you mean. This is probably why the officer told you to rip up the citation.

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Customer reply replied 10 months ago
I felt like I had been ignored by management and the union long enough that I could not justify this meeting any other way. Management tried to cancel the meeting to try to get a reaction out of me, knowing that I had issues that have not been addressed and I was under a lot of stress, mainly at work but also outside of work in my personal life.
Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago

I agree that this is probably the case. It seems as if they are treating you less than fair. It's a shame your union steward isn't doing more to support you in this case.

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Customer reply replied 10 months ago
Do you think that this is a discriminating case due to the fact that management is will to allow anything to happen to their employees? I feel like I am constantly being scrutinized and given more responsibility than what I am worth. My EEO case has to do with training a person that was getting paid more than I was. How am I responsible for someone who is making more money than me? Blows my mind!
Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago

It's possible that it would be discrimination, but only if you can connect it to some protected characteristic like disability, race, religion, etc.

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