Employer retaliation & violation of own policy - blocked internal transfer

[Murphi02]

Jurisdiction

Wisconsin

I am a school secretary. While I'm an at-will employee, I was hired with a 205 day employment calendar. The work description did not include working summer school (a 225 day employment calendar). I had a disagreement with our HR director when she tried to force me to work summer school. In response, she demoted me from lead secretary to back-up secretary. As the pay was the same and the position was less stressful, I did not object. A secretary position at another school within the district recently opened up and I immediately applied. Contrary to school board policy, I was not even granted an interview. The HR director told me I was "not a good fit" because I was not flexible, as evidenced in my refusal to work summer school. (The new school doesn't even offer summer school). I disagreed and pointed out that I worked above and beyond what was required, and I am always willing to stay late, if needed. I have glowing performance evaluations. I have now heard the HR is blocking me from working any overtime and is questioning my work ethic to my principal (My principal did back me up as being "very professional") I am filing an official complaint regarding the HR director's failure to follow policy regarding the job interview process. I greatly fear retaliation for doing so. Question: do these actions meet the legal criteria for a potential discrimination or retaliation suit?

 

[Disabled Vet]

No....

 

[cbg]

No and not even close.

 

[Murphi02]

Ok, thanks but I guess I don't really understand. So, I have no recourse if board policy says that all employees seeking internal transfer WILL be interviewed and I was not? I know I can file a complaint w/my supervisors, etc. but if I'm fired for doing so, so be it? It just doesn't seem right.

 

[cbg]

Not unless the board policy is written in such a way as to create a contract, which is highly unlikely. You do not have a right under the law to be interviewed. People who disagree with the HR director about scheduling do not constitute a group protected by law. Retaliation because they see you as being inflexible is not illegal.

 

[zddoodah]

our HR director . . . tried to force me to work summer school.

Tried to force you? As in she showed up at your house with a gun or something like that?

Question: do these actions meet the legal criteria for a potential discrimination or retaliation suit?

Needless to say, no one here has any familiarity with the policies in some unknown school district in Wisconsin. That being said, most discrimination is legal. For example, it's legal to discriminate against people who refuse to work summer school in favor of those willing to do so, and nothing you have posted suggests that an illegal discrimination occurred. Obviously, depending on what means the HR director used when she "tried to force [you] to work summer school," a crime may have been committed.

The bottom line is that, if you work at a public school (none of this will apply to a private school), and unless the alleged policy violation amounts to a violation of Wisconsin's civil service laws, nothing legally actionable has occurred.

 

[Murphi02]

Tried to force you? As in she showed up at your house with a gun or something like that?



Needless to say, no one here has any familiarity with the policies in some unknown school district in Wisconsin. That being said, most discrimination is legal. For example, it's legal to discriminate against people who refuse to work summer school in favor of those willing to do so, and nothing you have posted suggests that an illegal discrimination occurred. Obviously, depending on what means the HR director used when she "tried to force [you] to work summer school," a crime may have been committed.

The bottom line is that, if you work at a public school (none of this will apply to a private school), and unless the alleged policy violation amounts to a violation of Wisconsin's civil service laws, nothing legally actionable has occurred.

 

[Murphi02]

I guess I didn't word things clear enough. The issue isn't with summer school - that is just what initially pissed HR off. I am concerned because I may be fired for filing a complaint w/school administration regarding the breach of policy in not at least allowing me an interview. I understand now that I have no legal recourse. I'm filing the complaint anyway.

 

[hrforme]

Does the policy require them to interview an employee who doesn't meet the criteria of the job posting? Does the policy say they would have to interview the janitor for the secretary position? Even if summer school is not required this year, they can still make it a point that the person must be willing to work summers if needed as part of the job requirements. And that would throw you out of the candidate/interview pool.

Even if they had interviewed you, you do realize there is no way you would have gotten the position if HR blocked it based on what you have written, right? You really wanted to go through the farce/waste of time of an interview because the policy states you deserve one? Honestly, you are just going to make more enemies and if the mark is gray on your record now, it will be black and there will be no proving of any retaliation.

 

[cbg]

You can file the complaint if you like.

It isn't likely to do you any good. Even if you were able to force the interview, it still doesn't guarantee you the job, and you've just painted a target on your back. I repeat, there is NO illegal discrimination and NO illegal retaliation here.

 

[army judge]

I guess I didn't word things clear enough. The issue isn't with summer school - that is just what initially pissed HR off. I am concerned because I may be fired for filing a complaint w/school administration regarding the breach of policy in not at least allowing me an interview. I understand now that I have no legal recourse. I'm filing the complaint anyway.

Just in case you're right, why not start a job search today?