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  • state employee termination Connecticut

    have been a state of ct employee for 7 years. i am (for a few more days) a division manager. i was investigated for misuse of state equipment (sending personal emails) and advised i was going to be disciplined up to termination. i have a current whistleblower complaint lodged and believe that is why they kept searching for a reason to fire me. i recieved a phone call from a news reporter asking for a comment on my termination. as of that time i didn,t even know that they decided to terminate me!! i had the news person fax me my own termination letter, which obviously was given to her by someone in the state.

    i guess i have a couple of questions; can they terminateme with a pending whistleblower action lodged? and is there a law stating that the employee has to be notified before the information can be given to a third party??

    please help....this is probably going to litigation and i don't want to miss any small points

    thanks

  • #2
    You stated that you are a "division manager" which suggests to me that you are not a union member ... is this correct?

    Also, did you misuse state equipment, ie, send personal e-mails in violation of some known policy? And, if so, are you aware of others who have been disciplined for the same offense, but in a lesser form?

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    • #3
      correct, no union. as far as i know noone has been disciplined for this policy . in their effort to fire me they bunched pretty much every policy they have from misuse of state equip to violation of the codeof ethics and the statement of values to sexual harassment(content of some of the joke emails i assume). i was disciplined for violation of the sexual harassment policy in august of 06...that stemmed from an anonymous letter about a dave chappell dvd shown at a 2005 xmas luncheon....still appealling that one!

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      • #4
        What whistle did you blow and to whom did you blow it?
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          i blew the whistle on the affirmative action dept. for conducting an investigation not in conformance with the statutes and reg's and for not going thru the CHRO as is required. they also coerced people into answering certain ways so they could spawn additional investigations. also, i was ostracised, had my computers taken in the middle of the night, and put on administrative leave all after i filed and after the state lost several motions to dismiss...i reported it to the office of public accounting and then sent the retaliation to the CHRO.

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          • #6
            It depends. The fact that you complained about not following policies *may* protect you from being fired for only that reason. If you havea prior warning, and not all that long ago either, for sexual harassment and then there are other complaints, I'm seeing an uphill battle to prove that it wasn't the policy violations you committed but rather those you pointed out that others committed that got you fired. Typically reports of not following procedures internally would not fall under whistleblower protections. This is slightly different for state employees but it still matter what the violation was and to whom the report was made. You can find out more about it here www.ct.gov/chro/cwp/view.asp?a=2528&Q=316246&chroPNavCtr=|#45688
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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            • #7
              but...all of this action happened after the whistleblower was filed....doesn't sec 5 apply????
              5) In any proceeding under subdivision (2), (3) or (4) of this subsection concerning a personnel action taken or threatened against any state or quasi-public agency employee or any employee of a large state contractor, which personnel action occurs not later than one year after the employee first transmits facts and information concerning a matter under subsection (a) of this section to the Auditors of Public Accounts or the Attorney General, there shall be a rebuttable presumption that the personnel action is in retaliation for the action taken by the employee under subsection (a) of this section.

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              • #8
                The question is more whether the complaint made falls under the types of complaints that are subject to the protections and whether that complaint was made to the enties outlined in the law. Not every complaint made by a state employee to their employer is protected. It must meet specific criteria first and the OP has not given us enough to know whether it applies or not. Given that this is a public board, it is probably best that those details not be shared here. I posted the link so the OP could read more about it and decide how to proceed.
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                • #9
                  Thanks Elle,

                  please let me know how to participate in the conversation

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                  • #10
                    by the way.....what is the OP????

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                    • #11
                      Original poster.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        Thanks PattyMd!! feel kinda silly now!! still think that the state ignored so many statutes and laws in my case that they should be held accountable...

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                        • #13
                          can you tell me what, if any, laws pertain to cobra insurance and the responsibility of the state to offer it after or before the day you are let go???

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                          • #14
                            You employer has until up to 44 days after you lose coverage to offer COBRA. It may or may not be the same date as your termination date.
                            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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