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Great name!), I’m trying to figure out whether to file a…

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Hi Pearl (great name!)...

Hi Pearl (great name!), I’m trying to figure out whether to file a whistleblower and/or retaliation complaint, regarding my partner’s ongoing issues with his boss. Because he’s being singled out for exposing his boss’s misdeeds and incompetence (sometimes inadvertently), and not because of race/disability/protected status, we’re not sure where to start.

Lawyer's Assistant: Have you discussed this retaliation issue with a manager or HR? Or with a lawyer?

He filed grievance with admin/HR, many appeals, still in progress. Haven’t yet talked to atty, mostly bc of cost.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

He is an at will employee, no union.

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

Yes, he has meticulous documentation of several events where his boss gave him orders that endangered his life, and has made a point to make every day miserable, including documented examples of boss sabotaging to make my partner appear incompetent. There are several witnesses/colleagues who will attest to abusive/scapegoat/gaslighting behavior directed entirely at my partner. Also, my partner recently exposed that his boss does not have the credentials to be in his position, which is connected high up with NASA, although the employer is technically a university. So there’s a huge problem with management that NASA is unhappy about, and my partner’s reputation in the field is in danger. My partner has been under such duress that he has taken FMLA leaves, extended vacations, and sought medical attention for stress/exhaustion and ongoing chest pain. He’s been beaten down for several years. Thanks for your time :)

Submitted: 24 days ago.Category: Employment Law
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Answered in 20 minutes by:
5/25/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 24 days ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,166
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.

Under the law, in order to be considered a "whistleblower" the person has to be reporting conduct that is a violation of statutes or laws to the regulatory agency and employer. Many bosses and co-workers are incompetent and do not do their jobs right, reporting that or complaining about that does not get you whistleblower protection I am afraid. You have to be reporting some illegal discrimination (age/race/sex/disability/national origin) or some statutory or regulatory violations (not employer rules or idiot bosses or co-workers).

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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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 125,166
125,166 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

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