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Is written email fr a board member acknowledging retaliation based on whistleblower&harassment based on sex sufficient for claim

Anaheim, CA |

My Supervisor and staff got together and filed claim of insubordination and harassment against me. The supervisor in response to me complaining and whistle blowing about lack of proper documentation on questionable $1.5 million construction project got together with my staff whom I had meetings of poor performance for 2 years to file complaint of harassment. They both have an interest to fire me. My staff in exchange for filing this claim would get additional out of class pay when I'm on leave and chance for promotion into my position once I am terminated. I complain verbally to the highest level on my concerns and mistreatment. My supervisor has made my life miserable at work. However, no action is taken to protect me. What evidence would I need to have to prove this?

Two current active case involving women complaints against male administrator for harassment is still working. While I, a woman, was placed on leave of absence pending investigation of possible misconduct on my part. The male executive HR has nothing on me and was conducting the investigation while he placed me on leave. I know the other cases are far more serious than claims from my male staff that I 1. yell and scream 2. make him do meaningless work 3. no annual evaluations given provided to him. And from my male supervisor that I am insubordinate. I was never was given specific items of act of insubordination from the HR, just general accusations. I am now on leave of absence for a week now. They asked me back to meet on Tuesday first thing in the morning. Trying to get representation with me on that day.

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Attorney answers 6

Posted

Sounds like a very serious matter. I would immediately discuss this with a lawyer experienced in this area of the law. In California, there are many laws that protect employees from this exact type of behavior. There is no room for harassment in the workplace. Very strict and enforceable laws when it comes to whistle blower claims.

None of the information found in my answer should be used as legal advice, a substitute for an attorneys evaluation or other type of advice. I do not know all the facts of your case and there are many factors involved when evaluating accident cases. You should meet with an attorney who can properly go over all the details of your accident.

Asker

Posted

I have been a quiet employee up until a few months ago when I sent emails and voiced my concerns during meetings and transparently demand answers from my supervisor on issues of concerns. He did not like it. Not sure if this can be claim as whistle blowing. Thank you.

Posted

Consult with an employment attorney. Documentation supporting your claims help but whether you have actionable claims will depend on the facts.

Asker

Posted

This is where I struggle is identifying actionable claims or connecting the facts. Here are the facts: 1. I complained on numerous occasions during meetings and in emails regarding my supervisor lack of competencies 2. Emailed to HR regarding challenges with supervisor due to lack of competencies 3. Voiced my concerns to highest authority as well as oversight agency 4. Ultimately the news got to the press 5. Contributed to the termination of the 2 highest positions including my supervisor 6. My staff has an interest in my position and wants more control and higher pay 7. My supervisor wants me fired along with him 8. I'm treated differently as a woman than men directors 9. My supervisor speaks to me in a demoralizing way and does not provide any support 10. My supervisor and HR is trying to find something to drive me out. I'm not sure if I can win if they terminate my employment and/or continue to make my life at work miserable to drive me out. Or should I just give up and try to move on and let this be the past. Although difficult to find new employment with this mark on my record.

Jonathan Aaron Weinman

Jonathan Aaron Weinman

Posted

You really should have a free consultation with an employment attorney as they will help guide you in the right direction because many of the facts in your comment are too vague to know if you have claims.

Posted

Make sure you maintain under your control contemporaneous notes. What you have written is just conclusions. You need chrono and specific acts. Listen to counsel and get to a good employment/human rights lawyer soonest.

Asker

Posted

I have some notes from one on one meetings and emails regarding performance deficiencies of my male staff who filed harassment claim against me. Not sure how I can prove his intent or desire to get me fired by filing harassment claim for his benefit of additional pay, full authority, and shot at a promotion into my position. Google a few earlier in the week and left messages for lawyer but no response. Not sure how long it takes to get a response. Thank you.

Posted

Your headline and you question do not match in a very significant way. If the retaliation you face if because you reported some internal financial issues, such conduct is generally not protected conduct and is instead lawful. If the retaliation you face is because you reported sexual harassment in the workplace, then that is unlawful.

There is obviously more here than you can post on a public internet site. You would be well served to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

Asker

Posted

I have written correspondence from the board president acknowledging possible retaliation acts and noting sex discrimination in the work place. The board took action last month to not renew the contract of the two top executive positions and their employment ends June. However, I believe the board is taking a hands off approach on my case and I have no support for any retaliation efforts. I have been placed on administrative leave and probably will be transferred or terminated soon. Thank you.

Kevin Rindler Madison

Kevin Rindler Madison

Posted

The best advice would be to set an appointment with an attorney who specializes in employment law and sexual harassment cases. Then after a thorough review of all of the facts, they can give you an opinion as to whether you have a viable claim, and what procedural steps you should take. Many attorneys handle these cases on a contingency percentage fee, taking a percentage of the recovery. In contingency fee arrangements, there are no hourly fees. In some states attorneys do not charge anything for an initial appointment to discuss your case but in others there is a reasonable fee charged to compensate the attorney for their time and advice. I would suggest that you begin your search for an attorney on this Avvo website. There is a tab "Find A Lawyer" on the home page of Avvo at www.avvo.com that will help you find a lawyer in this practice area in your locale. Good luck!

Posted

The post is convoluted, but if you were the victim of incidents of sexual harassment, retain a local sexual harassment lawyer to investigate.

Posted

Generally, Whistleblower claims are very specific to the government agency, or company doing business with
the government agency, or company receiving government funds, or individual entities receiving or causing the loss or waste of taxpayer funds. Sexual harassment claims . Based upon are just that.
Based upon your statements, I do not see either here. Get a lawyer ---quickly.