San Joaquin jury: 3 whistle blowers were fired in retaliation
A San Joaquin County jury has agreed that three people let go from the local transit district were fired out of retaliation.
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#1 Feb 8, 2012
As a small business owner that has been harassed by several members of RTD upper management, I hope this case shows board members that there needs to be restructuring in these roles. The poor decision making lost 1 million dollars in tax payer money. In times like these, that should be criminal.
Since: Jan 12
#2 Jun 25, 2012
Whistle Blower for SJCM&VCD
I am a Whistle Blower to sexual harassment in the workplace at San Joaquin County Mosquito & Vector Control District.
In 2006 the first employee to Blow the Whistle, was an assistant supervisor. Management allowed the perpetrator a supervisor to confront and attack the employee who came forward. The victim endured a heart attack and was admitted to the ER caused by stress from the event.
By 2006 a hostile work environment resulted from managementís decision to protect the perpetrators sexual harassment and fight the work comp stress claim filed by victim employee # one(2006).
July of 2007 I came forward as the 2nd employee to insist the manager address the same supervisorís sexual misconduct along with the romantic relationship he was having with his subordinate
The insurance companyís investigation required me to give a recorded testimony. My testimony was detrimental to my manager, the guilty supervisor and the subordinate regarding the pending stress lawsuit against the district. The manager has full authority over my working conditions. I worked directly under the guilty supervisor and was required to be in closed quarters on a daily basis with the girlfriend.
All aspects of my workplace were hostile with no reprieve.
March 13, 2007 a rep from Bickmore Risk or ERMA was brought in to counter balance the managerís refusal to fire the supervisor. The title of the presentation was ďPrevention of Workplace Harassment and DiscriminationĒ. The class was to provide evidence of an attempt to resolve the problem. The perpetrator was also mandated another private course alongside with the victim and fellow supervisors. The perpetrator walked out of the training mocking the teachings giving the impression he was untouchable.
On July of 2007 I used the resource ERMA offered by the district and a rep sat in to hear my complaints along with the manager. The rep was taken back by my concerns and referred to me as overly candid.
The following day after I made my complaint the manager informed me that I forced him to relocate me and I was reassigned to a new job location, duties and supervisor. District protocol was not followed making it clear I was being punished for being vocal.
The manager again protected the perpetrator and again rewarded the illegal sexual misconduct by authorizing retaliation against me, in multiple ways putting me in dangerous conditions I was not trained for. I documented my treatment in journals and by physicians I have a documented unfiled stress claim and a doctor who told me to file my suit. If I followed the doctors orders I would have been the second stress claim filed within one year, due to the managers lack of implementing his own policys.
The perpetrator was allowed to retaliate by way of written evaluation attacking my character. Full authority was allowed to psychologically abuse me into submission and the threat of losing my job was in place. I was labeled "incapable of thinking" along with other hurtful attacks. The perpetrator didnít even have to justify why he deemed my performance level had fallen or personally give the punishment to me. A second semi-annual retaliatory evaluation was stapled to a chain of command I was instructed to follow. The "Open Door Policy" I used 6 months earlier per our MOU was no longer available to me.
A field technician was promoted to an assistant supervisor status from another region with no knowledge of the above-mentioned information. The assistant manager acted as the supervisor. The newly promoted assistant was pressured into executing the field retaliation I endured. The office used him as a buffer.
Since: Jan 12
#3 Jun 25, 2012
Immediately upon the new promotion the manager blind-sided me with an intentional intimidation tactic. A performance reprimands to be witnessed by the new assistant to meet the criteria for a rightful termination. The manger laughed in my face while he asked me what my problems were.
As I informed him my problems were results of retaliation from him, the innocent assistant started to hyperventilate. I laid out a list of examples that made the managers face turn beet, the assistants jaw drop and the assistant continue to catch his breath. The examples below were given.
As a result of my response another emergency ERMA meeting was held for damage control. I was not in attendance do to a torn meniscus injury incurred while working.
I immediately called the "Whistle Blower" hotline thinking it would route me to a state or federal agency. Instead the attorney who represents the district contacted me on behalf of the board. I never called the board, they called me.
I requested to meet with all members of the board and made each one a copy of my employee file along with evidence that supported my claims. They refused to meet with me. They all hide behind their position.
A fellow coworker repeatedly yelled ERMA at me when I approached him. Requests of my supervisor to address the hostile behavior resulted in being told supervisors are not human resource solutions only mosquito field assistants.
When I told my supervisor I lacked the knowledge and tools I needed to do my job due to my relocation I was told I was a complainer.
I have been humiliated and mocked. My supervisor sent me home for requesting accommodations while on my menstrual cycle. My manager instructed employees in a general meeting to share all medical needs to our supervisorís. I was mortified my male supervisor put his hand on his hip and said don't they have things for that? And I had to reply I bleed through them. He then went to the office and returned to inform I had to go home, as I could be a liability to the district. Do I really need to keep going?
There's so much more but I should save some for my case
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