Hi! I'm new here and looking for any help I can get. My post is long and hopefully to the point, but the rules said to give all the info so here goes....
I began working for the State as an auditor in August 2002, in Sacramento. In November 2004, I transfered agencies, and about six months later after the birth of my first child I decided to quit and move back down to Southern California. Since my agency was having trouble keeping auditors who didn't like to travel, and it had a lot of audit work in Southern California, my manager asked me to stay on and work from home and the audit sites. I accepted, and my employment status was changed to "temporary employee", and we drafted a one year off-site work agreement listing the terms and conditions of employment. At the time, the agreement was to make the position permanent in two years, if both myself and the agency found the teleworking position was beneficial and productive. A year later I signed another contract. I met all deadlines and received my annual merit based increase.
During the first year, the audit shop changed directors. As background, the new director came in to the shop and made many changes. Out of the two supervisors aboard when I came to the agency, one quit and my supervisor stepped down. Last year, I signed a third off-site contract under a new supervisor, and my position status was changed back to "permanent" employee with the DPA. At this time, the agency also placed a second tele-working auditor in Orange County. This auditor this past spring and I took over her assignments. Since the past December, I've had three supervisors. The first two quit due to stress.
This June, the director called me on the day the contract expired, June 30, and asked that I sign a new contract which would also include a work plan. Also, she said I would need to conference call into all staff meetings, and travel to Sacramento three days a month to perform work I could complete from my normal place of business or the audit site. She kept asking if it was something I wanted to do, and I got a feeling she wanted me to quit. I told her I needed a few days to research the issue. Immediately after, I contacted my union rep. A few days later I sent the director an email stating that according to the union, I didn't need to sign a contract because I am covered under the bargaining agreement. I gave the union's contact information and indicated that should she have any questions she could call. Additionally, I agreed to the work plan, travel, and conference calling into staff meetings. It is important to mention that the director entered into a $350k contract for audit services from an outside firm. The work could be performed by the agency's staff, and 23 of the 25 contracted audits are in Southern California.
On July 30th, the director did not let me conference call into the staff meeting, which was discussing the impact the governor's executive order had on our employment. The following day, I was called for a meeting with the director and my supervisor. She said that given the current financial crisis in the State, the conference call from the day before would have cost too much money. Also, she told me she was giving me sixty days to relocate to Sacramento due to "Business Operational Needs." When I asked about my options, I was told I could fly up there M-F at my own costs (I have two small children 3 and 1 years old) or I could find another job.
My union rep immediately became involved; the issue they are specifically fighting are 1) unauthorized transfer, 2) the agency is contracting state work to outside consultants. The union believes my relocation is not only illegal under our bargaining contract, but the relocation of my position is in fact RETALIATION for complaining about my boss attempting to force me to sign an additional work contract outside of my bargaining agreement; as of yet, I haven't been able to meet with the union lawyers on the retaliation issue.
I was so upset I was taken out of work on stress leave, at which point the director disabled my access to our internal main frame, which she did not do last year for the three months I was on maternity leave. So far, the union has talked with HR and got them to reinstate my internet access, and apparently the agency is now going to help me find another position (however the closest state agencies are at least 50 miles away) since I have said I absolutely will not relocate. I can't sell my house since we're upside down, and my husband could not find comparible employment in Sacramento.
I'm completely distraught, and looking for any help I can get. I would like to find a lawyer who is knowlegeable in labor law specific to PERS state employees and retaliation issues. No one should have to go through this!
I began working for the State as an auditor in August 2002, in Sacramento. In November 2004, I transfered agencies, and about six months later after the birth of my first child I decided to quit and move back down to Southern California. Since my agency was having trouble keeping auditors who didn't like to travel, and it had a lot of audit work in Southern California, my manager asked me to stay on and work from home and the audit sites. I accepted, and my employment status was changed to "temporary employee", and we drafted a one year off-site work agreement listing the terms and conditions of employment. At the time, the agreement was to make the position permanent in two years, if both myself and the agency found the teleworking position was beneficial and productive. A year later I signed another contract. I met all deadlines and received my annual merit based increase.
During the first year, the audit shop changed directors. As background, the new director came in to the shop and made many changes. Out of the two supervisors aboard when I came to the agency, one quit and my supervisor stepped down. Last year, I signed a third off-site contract under a new supervisor, and my position status was changed back to "permanent" employee with the DPA. At this time, the agency also placed a second tele-working auditor in Orange County. This auditor this past spring and I took over her assignments. Since the past December, I've had three supervisors. The first two quit due to stress.
This June, the director called me on the day the contract expired, June 30, and asked that I sign a new contract which would also include a work plan. Also, she said I would need to conference call into all staff meetings, and travel to Sacramento three days a month to perform work I could complete from my normal place of business or the audit site. She kept asking if it was something I wanted to do, and I got a feeling she wanted me to quit. I told her I needed a few days to research the issue. Immediately after, I contacted my union rep. A few days later I sent the director an email stating that according to the union, I didn't need to sign a contract because I am covered under the bargaining agreement. I gave the union's contact information and indicated that should she have any questions she could call. Additionally, I agreed to the work plan, travel, and conference calling into staff meetings. It is important to mention that the director entered into a $350k contract for audit services from an outside firm. The work could be performed by the agency's staff, and 23 of the 25 contracted audits are in Southern California.
On July 30th, the director did not let me conference call into the staff meeting, which was discussing the impact the governor's executive order had on our employment. The following day, I was called for a meeting with the director and my supervisor. She said that given the current financial crisis in the State, the conference call from the day before would have cost too much money. Also, she told me she was giving me sixty days to relocate to Sacramento due to "Business Operational Needs." When I asked about my options, I was told I could fly up there M-F at my own costs (I have two small children 3 and 1 years old) or I could find another job.
My union rep immediately became involved; the issue they are specifically fighting are 1) unauthorized transfer, 2) the agency is contracting state work to outside consultants. The union believes my relocation is not only illegal under our bargaining contract, but the relocation of my position is in fact RETALIATION for complaining about my boss attempting to force me to sign an additional work contract outside of my bargaining agreement; as of yet, I haven't been able to meet with the union lawyers on the retaliation issue.
I was so upset I was taken out of work on stress leave, at which point the director disabled my access to our internal main frame, which she did not do last year for the three months I was on maternity leave. So far, the union has talked with HR and got them to reinstate my internet access, and apparently the agency is now going to help me find another position (however the closest state agencies are at least 50 miles away) since I have said I absolutely will not relocate. I can't sell my house since we're upside down, and my husband could not find comparible employment in Sacramento.
I'm completely distraught, and looking for any help I can get. I would like to find a lawyer who is knowlegeable in labor law specific to PERS state employees and retaliation issues. No one should have to go through this!
