bolero
12-04-2006, 06:43 PM
My former employer has a written policy encouraging staff to report health and safety issues and the policy prohibits retaliation. I made such a report against the #2 person. She then, in a 2-month period, committed 7 separate acts against me; 6 of which were prohibited conduct and one just a harrassing act. I complained all acts to the head and she failed to take any action. I quit because the working environment was too hostile and I could not get any redress. The California Employment Development Department denied my cliam for unemployment insurance and I wish to appeal. Didn't I have "good cause" to quit?
Interceptor
12-04-2006, 09:10 PM
Here is what I understand about this situation:
You must show that you attempted to preserve the employment relationship. That any reasonable person would have quit under these circumstances.
You can file an appeal of the EDD decision . You should have evidence to support your claims. Like grievance letters or other documents to prove that you were retaliated against. Paperwork of an internal investigation . Complaints to a government agency. Things of this nature.
If you can prove that you quit with good cause you may prevail in you claim .You have nothing to lose by filing an appeal within the proper time frames. Sometimes employers or representatives do not show up.Sometimes they do . Perhaps request an inspection of your personell file ?
Its up to the administrative law judge. If you can convince the judge you may get the decision reversed.
There is a person who post on this site who is very knowledgeable about these matters . Perhaps they can help you.
Good Luck
bolero
12-04-2006, 10:01 PM
Thanks, Interceptor.
I have a copy of the report that I gave to the employer complaining about the supervisor's misconduct and a copy of the written policy prohibiting retaliation. I had two personal meetings with the employer concerning the retaliation and two meeting with the employer and the supervisor who retaliated against me. No written documents existed. There are co-workers who were called to confirm some of my complaints. But that's all.
I have filed a civil action in Superior Court against the supervisor (Infliction of Emot. Distress) and against the employer for breach of employment contract (based on constructive discharge) and I am in pro per. Their verified answers are due soon. The employer is furnishing defense for the supervisor because she, the supervisor, is a very valuable employee.
Interceptor
12-04-2006, 10:19 PM
Your Welcome
I suspect the reason they are furnishing the employee defense is they are liable for this persons actions.
Did you have a conflict resolution policy perhaps you followed? Have you requested a personnell file inspection? Perhaps to find something to help you with your EDD appeal. It they deny the inspection let the admin law judge know this.
It sounds like you need an attorney . File your EDD appeal definately cannot hurt you. Any witnesses?
Good Luck
bolero
12-04-2006, 11:25 PM
My last post might not have sent.
There are no written conflict resolution policies. Complainant asks to see boss and states his complaint. Boss, at her discretion, calls witness or accused; sometimes in the presence of the complainant. But with the supervisor in my case who retaliated against me, I met with the boss twice and the three of us met twice, once with a witness. All the boss wanted me to do is to vent my grievances but no actions were taken against the accused, no decisions were made concerning the validity of my complaints. Nothing in writing concerning the meetings. That's the way she handled complaints at local levels (it's a corporation with many sites and about 1,000 employees). I am not aware of any corporate policy regarding conflict resolutions and I've never called HR.
My complaints were reviewed by my boss' boss who is known to favor the accused because the super-boss and the accused started the local branch a few years ago.
To reveal the mysteries of my complaints, the retaliatory conduct include:
1. The supervisor knowingly failed to informed me of 4 separate health and safety incidents (I was the site safety coordinator who was charged with revising procedures to prevent recurrence and she was to report such incidents to me ASAP.)
2. After I made the report complaining that the supervisor was implementing some unsafe procedures (in a project she and I were working on), she complained to the boss who took me off the project.
3. She made an accusation to the boss against me, alleging that I made sexually disrespectful statements concerning her, but she refused to disclosed the alleged informant, saying she promised the informant anonymity. The boss did not force the issue but asked me if I said anything like that, and I of course denied. I don't even know exactly what I allegedly have said. (In the past, the boss had stressed the prohibition agaisnt starting or spreading rumors and innuendos.)
4. The supervisor retold the defamatory statement concerning me to another co-worker, rephrasing to say that I made the same sexually disrespectful statement concerning the co-worker, who confronted me. I was also forced to answer the allegation without knowing what I exactly have said. I of course denied having made any such statements.
5. One day when my food was being warmed in the microwave oven and the supervisor came in. I walked out for about 40 sec. and she removed my food before the food was warmed (it was still cold) and warmed her own food.
There were customers around so I complained to the boss later. There was a co-worker present when the supervisor removed my food. The co-worker refused to acknowledge seeing the removal of my meal but admitted the microwave oven bell never sounded before I came back. The co-worker was not at work when the boss want to confirm my complaint.
The next day, the supervisor approached the co-worker and chewed her out for getting involved. When I found out, I complained to the boss, saying the supervisor attempted to intimidate my witness.
The supervisor, a nurse, knew I have high blood pressure and I did not want
to blow a blood vessel. So at the final meeting with the boss and the supervisor over my complaints, and when she three times refused to disclosed the identity of her alleged informant, I quit and walked out.
I had a meeting with the superboss a week later. He wanted to transfer me to another site for two to three months. I wanted the supervisor to be disciplined, like a demotion or something meaningful. He want to just verbally "counsel her". I refused the transfer and he refused a more severe disciplinary action. I definitely tried to resolve the conflicts but the boss never made any decisions, oral or in writing. And that's the end of the story.