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How does a Florida State employee file a HOSTILE WORKPLACE complaint against local HR department?

West Palm Beach, FL |

I am a Florida State employee with a degree and five years of service. I now make less net income than 2009 after receiving useless pay increases failing to offset ~3% annual inflation. I applied for a position in another county. That county deleted my application and hired a less-qualified person. I complained to HR. I was summoned to HR afterwards and an HR person dialed 911 claiming, "I had guns and knives". Cops responded guns drawn. I was searched and escorted out of the building. My managers intervened and I was allowed back to work. Now, I am being demanded to attend meetings with the perpetrators. Who do I complain to?

Important facts: 1. My job application for the management position was deleted BEFORE any interaction with hiring county personnel. They didn't want me "in the mix" given my credentials were a "slam dunk". 2. The person who "got hired" purchased an online non-managerial degree. I hold a BS management summa cum laude. 3. The 911 caller lied to police dispatchers I was threatening HR personnel with "guns and knives". 4. I was interrogated, searched, and evicted from the premises. Isn;t this illegal search and seizure predicated upon a lie by an anonymous 911 caller in retaliation for my complaint? 5. The caller was never arrested or identified. Is this proper given they lied and by lying, placed me in critical "harm's way"? Florida lawyers respond only. Thanks.

Attorney Answers 2

  1. Nothing in your description here raises any issues of "hostile workplace" as that term is defined in the law. Further, nothing that you have described here supports any legal claim or action against the employer. If your employer instructs your attendance at meetings, you need to go to the meetings.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

  2. Ms. McCall is correct. You are not describing a hostile workplace in the legal sense, and your employer has the right to require you to attend this meeting. Go, and be as polite and reasonable as you can while you are there. The more "complaints' you lodge about the meeting and the angrier and more upset you are about it, the more you will tend to substantiate your employer's suspicion that whoever called 911 had good reason to feel threatened, which will not help you at all. Bite your tongue and do the best you can.

    There is no law that requires you to be interviewed or considered for any particular job. It sounds as if the other county could have handled the situation more gracefully, given that you were an internal applicant. They didn't. It's annoying, yes, but you need to figure out a way to let it go.

    It sounds as if this workplace is not a good fit for you. Perhaps you should look elsewhere. Good luck.

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