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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I want to know what charges can I file against an administrator

Customer Question

I want to know what charges can I file against an administrator who after after observing me at work made a suggestion "To post my schedule in the room where it is visible for visitors." I replied that I already have them posted one in my bulletin board inside and outside. Then he said, he saw it. I replied if you saw it then it is visible. He probably got upset with my reply and he said, I hope in the future you will be more receptive and more oprtimistic with my suggestions." He also, said what he meant by visible is in a large poster size board. I also learned from another employee that he made the same suggestion to that employee but he didn't document it on her job evaluation form, he just verbally advised her but with me he wrote it on my form. He made a mistake and vague suggestion then he has the guts to make derogatory remark on my character???
Submitted: 5 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

I am sorry but I do not see any "charges" here. Nothing the administrator did here was somehow illegal, which means that no criminal charges can be pursued. As for civil claims, I also do not see any grounds for defamation or harassment as it appears to have been a verbal altercation between you both. The administrator has leeway in whether or not write or not such claims in the evaluation form (a bit like a police officer has control over whether or not he will give a ticket) and it may be that because he did not like your reply, he posted that information under your form, but again, that is not illegal.

Good luck.
Customer: replied 5 years ago.
Relist: Other.
Not clear
Expert:  Dimitry K., Esq. replied 5 years ago.
I see that you relisted my answer because you found it to be unclear. How can I clarify? What is confusing?
Customer: replied 5 years ago.
So what will I file? Grievance? but in legal term what is my complaint against him then?
Expert:  Dimitry K., Esq. replied 5 years ago.
I am sorry if I was unclear.

I do not see grounds for a grievance. I do not see that the administrator as doing anything wrong. Because of that I do not see valid grounds for a grievance, as there is nothing here that was done improperly or incorrectly.

Good luck.
Customer: replied 5 years ago.
his job is to evaluate my job performance in teaching not to evaluate my character or me as a person
Customer: replied 5 years ago.
He posted that information in my form first before I replied to him in the email. He made that observation first and wrote that comment that is why I emailed him to defend his false comments. He cannot find anything wrong with my teaching that is why he finds fault yet still irrelevant, nothing to do with my instruction just to show that he did his job.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

In that situation you have two options remaining. First, you can complain to your supervisor's superior and request a new evaluation to have them review your numbers and information. Second, you may want to consider a defamation lawsuit. The second option is likely not going to be successful because defamation claims are notoriously difficult to win since you have to show:
1. an untrue statement
2. made about you
3. to third parties
4. that caused injury.

Truth is a defense, so is strong opinion. Therefore if he believed you were wrong, he didn't violate any regulations. As I stated before, I do not see criminal actions here. I also realize that you are upset with this supervisor, and if I saw I claim I would so state to you. My job here is to give you the right answer, which may not necessarily be what you hope to hear. That is why I am patiently stating that dealing with it in-house is likely best as I do not see an inference of discrimination, it is just that you supervisor is a jerk, something that is unpleasant but is not actionable or illegal.

Good luck.