Harassment/Retaliation

[govtguy]

I am employed by a state government.

Earlier this year, I sent a memorandum to my department head informing her that information she has provided to other officials may be in violation of state law. She agreed I had a point and would not put that out information out any more. Three months later, she put out the same information. I sent a follow-up memorandum to her inquiring about it. She never replied. In the meantime, I have been able to confirm with other appropriate officials (state Attorney General, etc.) that the information she put out was in error.

There have been two other instances where she has put out information that was in error and misrepresented the law and I have sent her memos about it. Each time, she has belittled me -- to me and to other staff members -- for bringing these facts to her attention. (I'm not her legal counsel, but I do my homework and have worked in this field for approximately 10 years. I have approached her legal counsel with many of these matters and h is reply is that he doesn't give the department legal advice unless she asks for it.)

She never contends my statement of the law or my defense is wrong, even when she belittles me about it.

Ever since the first memo earlier this year, she has taken to reprimanding me on false grounds -- saying I didn't do something I should have done (things that weren't my responsibility nor were I told to do them), blaming me for delays on projects that weren't my fault, criticizing me for directing people to the sections of state law that contradict her pronouncements (they have asked me about the situations and I have replied with the information; I did not seek seek out these individuals to share the info with).

Each time she has taken these actions, I have responded in writing and have documented the facts, with supporting documents, including appropriate citations from state law.

Is there any legal action I can take to stop her harassment which appears to be based on her retaliating against me for the memorandums I've sent her?

Thanks for any help.

 

[Beth3]

Is there any legal action I can take to stop her harassment which appears to be based on her retaliating against me for the memorandums I've sent her? It's quite likely your only option is to avail yourself of any internal complaint, grievance, or "open door" policy. There are no laws that make it illegal for the boss to treat a subordinate badly because he repeatedly points out the boss's errors. Since you work for state government, I imagine that there is a formal internal process for you to utilize.

BTW - not that I am condoning your boss's behavior but might there have been a better way for you to point out these errors than sending her memos - such as meeting with her privately and offering her the assistance of your apparent greater expertise/knowledge in some areas where she has less? It's quite possible she's acting this way because she's embarassed by her misstatements and angry at how you chose to respond.

 

[govtguy]

Originally posted by Beth3
Is there any legal action I can take to stop her harassment which appears to be based on her retaliating against me for the memorandums I've sent her? It's quite likely your only option is to avail yourself of any internal complaint, grievance, or "open door" policy. There are no laws that make it illegal for the boss to treat a subordinate badly because he repeatedly points out the boss's errors. Since you work for state government, I imagine that there is a formal internal process for you to utilize.

I am still attempting to determine what routes are available through the state personnel system. I hope to get some further guidance this week.

I am pursuing the route of finding competent legal counsel to represent me, in case any adverse personnel action is taken against me based on retaliation and retribution.

BTW - not that I am condoning your boss's behavior but might there have been a better way for you to point out these errors than sending her memos - such as meeting with her privately and offering her the assistance of your apparent greater expertise/knowledge in some areas where she has less? It's quite possible she's acting this way because she's embarassed by her misstatements and angry at how you chose to respond.

When the boss first came on board, she said that she was glad to have staff members who would raise issues when red flags popped up. However, over time, she began to characterize people like that as obstructionist.

I originally spoke to our staff attorney about this matter and he misrepresented my concerns to the boss. So that my concerns could be accurately communicated.

Additionally, another employee who raised concerns with our boss took the route you describe. That employee's concerns were ridiculed and his actions were misrepresented. He was eventually fired.

Between our attorney's and the boss' actions -- and the boss beginning to consider some people to be 'obstructionist' -- I chose to pursue the matters from then on in writing.

Your points are well-taken though and I appreciate your insight.

 

[Michael Wechsler]

Originally posted by govtguy
I am employed by a state government.

Earlier this year, I sent a memorandum to my department head informing her that information she has provided to other officials may be in violation of state law. She agreed I had a point and would not put that out information out any more. Three months later, she put out the same information. I sent a follow-up memorandum to her inquiring about it. She never replied. In the meantime, I have been able to confirm with other appropriate officials (state Attorney General, etc.) that the information she put out was in error.

There have been two other instances where she has put out information that was in error and misrepresented the law and I have sent her memos about it. Each time, she has belittled me -- to me and to other staff members -- for bringing these facts to her attention. (I'm not her legal counsel, but I do my homework and have worked in this field for approximately 10 years. I have approached her legal counsel with many of these matters and h is reply is that he doesn't give the department legal advice unless she asks for it.)

She never contends my statement of the law or my defense is wrong, even when she belittles me about it.

Ever since the first memo earlier this year, she has taken to reprimanding me on false grounds -- saying I didn't do something I should have done (things that weren't my responsibility nor were I told to do them), blaming me for delays on projects that weren't my fault, criticizing me for directing people to the sections of state law that contradict her pronouncements (they have asked me about the situations and I have replied with the information; I did not seek seek out these individuals to share the info with).

Each time she has taken these actions, I have responded in writing and have documented the facts, with supporting documents, including appropriate citations from state law.

Is there any legal action I can take to stop her harassment which appears to be based on her retaliating against me for the memorandums I've sent her?

Thanks for any help.

Good for you to document everything and you've done much to protect yourself. I'll have to ask about this myself but I think that Beth3's answer was very appropriate and if there is a formal grievance process you should think about it. Additionally, a diplomatic email/memo to the boss might also be something to think about, which documents the actions you consider retaliation in a politically correct manner. You know the situation best and think the former is a good place to start.

 

[govtguy]

Thanks for the replies!