Frustrated and Angry!

[bornb4thewind]

I have been employed by the same employer for the past 18 years. Its a civil service job (State) so I am limited on what I can say. I have been a dedicated employee, promoting up through the ranks and maintaining an excellent work record. Excellent performance ratings for the length of my employment. Have been on day shift for 17 1/2 years. After a few administrative changes in personnel, I find myself in a strange and unacceptable position. I developed some health issues at the beginning of this year that caused me to use some of my accrued sick leave. (I am not nor have ever been a leave abuser) After several times of calling in sick, my supervisor's supervisor called me into his office and accused me of abusing my leave and not really being ill. I was shocked. At this point, in order to protect myself, I filed for FMLA on an intermittent basis as I was in the process of exhausting all avenues of treatment prior to the inevitable surgery.(this is the process that HMO's require) The next flare up I had, I called in sick under the FMLA. Upon my return, I was again summoned to the boss' boss' office where he again talked crazy to me and then informed me that he was reassigning me to the night shift. WTF?? Any comments and or suggestions are welcome.

[Tayla]

1: Doctors Excuse/note usually remedies this and is kept on file

2: If you havent provided one then the Boss is at liberty to request such or re-assign you due to the change in your health concerns.

3: Bottom line- No one is above being fired or terminated or re-assigned. ITs a fact of employment, all employees are disposable. Once you grasp that seniority or proficiency carries little weight in todays govt budget cuts and re-assigns ,you can then apply your skills and clock in and out.

[Eddie Edirol]

Heres the bottom line regardless of your illness or FMLA.

 

If the work HAS to get done, and youre not there to do it, someone has to. If they are more dependable than you, your management will replace you. Your best bet is to take a full leave of absence, get your surgery, and go back to work brand new, and take whatever position they give you. All you are doing now is creating animosity, because your supervisors already know you have to take that leave eventually anyways.

[Cristopher63]

Can you provide a hyperlink with a lot more information?

[bornb4thewind]

I think I either live in a fantasy or you people are nuts. Where I come from, your seniority and work ethic DO count. Or at least they are supposed to. Also, I know I didn't include every detail but, others in my similar position and situation have exercised their rights to call in and utilize FMLA yet have never been moved, counselled or been subjected to any other type of negative action. I didn't want to say that this particular supervisor really does not like me because it sounds so typical. We have worked together for years and at times, were equal in rank. He has never liked me, but for personal reasons. Now he is now in a position to flex his muscle and has done so.

My job is protected by civil service rules and as long as I abide by the policies and procedures set forth by my employer, then I should not have to be subjected to such harassment or targeting. You folks are welcome to lay down and take whatever... I have done so for a long time and it has cost me too much. I'm done laying down.

[Eddie Edirol]

I think I either live in a fantasy or you people are nuts. Where I come from, your seniority and work ethic DO count. Or at least they are supposed to. Also, I know I didn't include every detail but, others in my similar position and situation have exercised their rights to call in and utilize FMLA yet have never been moved, counselled or been subjected to any other type of negative action. I didn't want to say that this particular supervisor really does not like me because it sounds so typical. We have worked together for years and at times, were equal in rank. He has never liked me, but for personal reasons. Now he is now in a position to flex his muscle and has done so.

My job is protected by civil service rules and as long as I abide by the policies and procedures set forth by my employer, then I should not have to be subjected to such harassment or targeting. You folks are welcome to lay down and take whatever... I have done so for a long time and it has cost me too much. I'm done laying down.

 

You can fight your supervisor all you want, but if the work needs to get done and youre not there to do it, they will use their rules to get you out, and thats what they are doing. Obviously since we cant talk to your supervisor, we dont know the quality of your work ethic from his view. But if they thought you were valuable, you wouldnt be in this scenario.

[daphne]

I would be frustrated too. Whereas, I do agree with what Eddie's said, I think there's a separate issue. Firstly, they are entitled to fill the position if you are unavailable full time to do it. That's just business. However, it sounds like the boss is suggesting you are malingering, and as a result is replacing you out of this assumption. I probably would consult human resources (or whatever department handles it for civil service) and ask them what the rules are. Also, I couldn't tell if your boss told you this was temporary or permanent. You could bring up the point where he's falsely accused you of abusing sick leave and ask what your options are. If you want to be reinstated to the same assignment after your health issues have cleared up, ask if the boss is the only one who can do that.

[Tayla]

Eddie is being realistic and Daphne is being kind as well with the responses.

None of us here are nuts so lets get that off the table. ANd place on the table the facts. 1: You have yet to say if you have a Permanent ad inifiniti doctors excuse for your condition. IF that is the Case then yes you can yell discrimination as its a permanent and on going condition on file that requires medical treatment. 2: Your boss can and does carry the authority to re-assign if the work is not being carried thru due to these "episodes".

3: Sorry that you cant grasp it but yeah seniority and dedication mean squat for the most part, particularly for a person in "civil service" fields. No one is THAT important that the position cannot be replaced. That is just POOR business otherwise.

AN endearing friend of mine works in civil service, 22 years and there isnt a day that he isnt aware that his job isn't guaranteed. ITs a fact of life. HE does know that given his experience and knowledge he can get a job elsewhere. THat is the plus to this matter.

[Taramere]

My job is protected by civil service rules and as long as I abide by the policies and procedures set forth by my employer, then I should not have to be subjected to such harassment or targeting. You folks are welcome to lay down and take whatever... I have done so for a long time and it has cost me too much. I'm done laying down.

 

If somebody came to me with an issue like this, I'd want to know first of all how people's sick leave is generally dealt with in this organisation and compare the way you've been treated with the way they've been treated.

 

If there's a difference between their treatment and yours, as with the situation you've described, then that on the face of it that's an issue for a grievance if the situation can't be resolved informally. That's just very general advice though - and keep in mind I'm in the UK.

 

I'm presuming you're in a union. Have you consulted with your union rep about this? As a legal matter, this is something an expert in your jurisdiction would need to advise you on. They would need further information, including the terms and conditions particular to your employment and a proper, detailed discussion with you, to advise you properly.

[bornb4thewind]

Well, thanks for all of the posts and advice. I am well aware that NOBODY is indispensable. Its not about that at all. Its about fair treatment for all. I have been blindsided and my life flipped upside down by this move. I live in the south and I know that its not just here but the "Good Ole Boy" mentality is the driving factor at my work place. If you're not one of em then you get nothing. If you cross one of em, then you are subject to all sorts of crap. And if one of em takes a dislike to you, then you can look over your shoulder constantly and wait for the bomb to hit. Either way, it isn't right and, I'm sure, not legal. I will fight for what is right and suffer the consequences.

 

These people will and do, cut off their nose to spite their face. I am of value there and have always been. But with this particular person, he would rather loose the value in the name of his being the Boss. Sad but accurate.

[spiderowl]

I'm sorry to hear you story because I know it is all too common for employers to become uncaring when an employee is struggling with illness. Have you checked your original terms and conditions of employment? Do they allow your employer to assign you to a night shift for any reason whatsoever. You should not be penalised for being ill and, providing you supply evidence that you were ill - like a doctor's note or whatever - the employer should have to protect you for an agreed or legally required time. Please check your terms and conditions and also your country's minimum requirements in this situation.

 

Are you in a union? If so, it would be worth contacting them to have them clarify what is permissible. Also, it is worth checking exactly what is required from you if you are ill - when are doctor's notes required and so on.

 

I feel for you. Some employers are sympathetic and although worried about who's going to do the job when you are not there, they try to deal with this without making your situation worse. Your employer does not sound remotely sympathetic.

 

Keep notes of everything, dates of conversations, what was said, what evidence of illness you've provided, any letters from your employer, everything. I hope this gets sorted out for your benefit; you have enough to cope with with being ill and deserve support as a loyal and hard-working employee.