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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.

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Attorney answers 2

Posted

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.

Asker

Posted

Please clarify. So, the deletion of my job appliction ( employment discrimination ) and retaliation for my complaining about it ( a fraudulent false 911 call aimed at harassing me and "showing me who's boss" by defaming a victim ), then being provoked by demanding I attend irrelevant meetings with these dishonest criminal sociopaths does not constitute a hostile workplace? lol Really? Whom do you represent exactly? So, you think this is acceptable conduct? Really?

Asker

Posted

I guess your point is, "You are not entitled to opportunity, your employers can call the police to harrass you and silence complaints, and you can continually be placed in harm's way" without any legal recourse. Wow. I thought this was America. Apparently, we are mutating into 1939 Germany. So, again, to clarify: Whom do you represent?

Christine C McCall

Christine C McCall

Posted

Lots of truly awful management practices and actions are not prohibited by the law. In fact, employment law doesn't even try to proscribe most unfair, ineffective, or stupid employer practices. The very limited kinds of employer actions that are defined as actionable by employees are very specifically defined and most often not defined in the same terms as ordinary or common usage. "Hostile working environment" and "hostile workplace or worksite" are among the legal terms most commonly misunderstood by employees. You can get as abrasive withme as will make you feel good. I don't make the laws,don't even agree with many of them. But you came here to this site for information,not hand-holding, not to be told what you want to hear. Go and talk to any skilled and experienced employment attorney in your region for a full and complete analysis.

Asker

Posted

I came to this web site looking for a solution. Having a person located in California tell me, "You have no rights. We, as highly-coimpensated professionals, haven't figured out how to outlaw criminal misconduct of State employees" is not a solution. It's a incompetent position statement. .Are you presently licensed to practice law in any jurisdiction? So, according to your expert opinion: 1. Job employment discrimination is not illegal in America; 2. Dishonest State managers can abuse the 911 system at whim as a "management tactic"... even defame victim employees as a means of retaliation; 3. Being placed in "harm's way is a legal "management style"; 4. Being told to place yourself at physical risk in a private room with these criminal sociopaths is not illegal; 5. There is no process for addressing these aggregious circumstances; 6. The above threats and misconduct do not cinstitute a "hostile workplace"; Amasing. Amasing because lawyers charge so much money ( $7500 ) just to get their attention... but they can't seem to solve real problems. Anyone else care to comment? I'd like a professional opinion now. Perhaps a practicing lawyer from the State of Florida? Anyone?

Christine C McCall

Christine C McCall

Posted

You may want to re-read your posts here and consider whether your temperament and inter-personal skills have anything to do with your employer's failure to respect and value you. You stated in your original post that a "less qualified" employee was promoted instead of you. The law does not prescribe for employers any specific measure of "qualified." Employees sometimes assume that "qualified" is measured by education, time on the job, accumulated experience, or other indicia that make sense to the individual. But the employer is allowed by law to determine the criteria for "qualified," and often that criteria includes intangible and subjective traits such as attitude, inter-personal skills, leadership potential, etc. If you are as abrasive and hot-headed on the job as you are here in cold type, then all the legal advice in the world won't be of any value to you.

Posted

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.

Diane Gwyneth Cassaro

Diane Gwyneth Cassaro

Posted

If you don't want to hear the answers, don't ask the questions.