Hostile, Bullying Boss

[schoolcook]

My question involves defamation in the state of: Kansas

I have worked at this school district as manager for 7 years, total in school food service 14 years. I have had very good evaluations from any boss, always have gotten along with other co-workers. My current boss, director, is a bully and very hostile "her way or the highway" micromanager. I have always been treated like a child, belittled, talked down to very negative. I have been able to let it roll off.

In the beginning of the 09/10 school year, we opened a new high school kitchen which I was the manager. I was told by my boss, this new kitchen was her "baby" and "this kitchen is too big for you to handle, you will never be able to manage it properly". I was not even given a chance to manage the new kitchen. She micromanaged me right out.

So from the start of the school year, I was set up to fail. I was told to move equipment to places that I thought was a safety hazard. New equipment was installed inappropriately causing another safety hazard. A co-worker was injured by wrongfully installed equipment. I notified my boss of these issues. Her response " the superintendent knows about your complaints". Okay, great I thought. By the end of the school year, these problems still were not fixed.

During the course of the year, I was finding out from other co-workers what my boss had been saying to other school managers about me, about my work, about the food we were serving. She, of course, was making all this up. In turn driving a wedge between myself and other co-workers. They stopped talking to me. They in turn were spreading those lies to people in the community causing my reputation to be tarnished. I have since learned that she has a new person ( her friend) lined up to be the new high school manager for the 10/11 school year.

I filed a grievance against my boss in April of 2010. Showing how she has lied and sabotaged my reputation and how she has overstepped her authority. Also, her being unprofessional by talking to people that did not need to be involved. During the grievance my boss got two other managers to write insubordination letters against me and were added to my personnel file without my knowledge. The grievance process did not go well. The superintendent already had his mind made up to believe my boss, he did not want to hear what I had to say.

I received my new contract for the 10/11 school year. I was demoted from manager to FSII, my hours were cut from 7.5 to 4 per day and my hourly wage was cut from $12 to 11.75 per hour and re-assigned to a different school. Again, I went to the superintendent to ask why was I demoted. His response was due to personality conflict with my boss I was re-assigned because you can't have two managers in one kitchen. He has instructed my boss to become the manager and director. His comment was he wasn't going to sit here and argue with me. I was offered a contract take it or leave it.

I also believe my boss has violated HIPPA laws. She discussed in front of all her staff about another co-worker's illness. Telling the sick co-worker she needed to resign due to health issues and she would not be able to take her medication before she came to work.

Also I believe she added overtime to another workers time sheet without the worker doing the work.

I feel this is retaliation for filing a grievance. My demotion was not called for. This is causing stress, problems with finances, with my marriage, ruining my work ethic.
Yes, lawsuits are expensive but maybe a letter of cease and desist would stop her. Is it possible to file slander charges, should she be removed from her position, is there any thing I have said that a lawsuit is called for?

[aardvarc]

I was told by my boss, this new kitchen was her "baby" and "this kitchen is too big for you to handle, you will never be able to manage it properly". I was not even given a chance to manage the new kitchen. She micromanaged me right out.

Do you have some contract that would conflict with this?

So from the start of the school year, I was set up to fail. I was told to move equipment to places that I thought was a safety hazard. New equipment was installed inappropriately causing another safety hazard.

Who is the outside party responsible for such inspections, and what was the result of a complaint to them?

A co-worker was injured by wrongfully installed equipment.

Which will have to be pursued by that employee.

During the course of the year, I was finding out from other co-workers what my boss had been saying to other school managers about me, about my work, about the food we were serving.

Opinions a person is allowed to have.

They in turn were spreading those lies to people in the community causing my reputation to be tarnished.

Can you put an actual dollar amount on that damage? What TANGIBLE and QUANTIFIABLE loss have you suffered? This is what you sue for. For most people, unless you're a politician, a movie star, or other well known public figure, where your career is highly entwined with a reputation, a tarnished reputation among friends isn't worth much.

I have since learned that she has a new person ( her friend) lined up to be the new high school manager for the 10/11 school year.

Do you have some contract that would indicate that the position was offered to and accepted by you and that the offer has now been rescended?

I filed a grievance against my boss in April of 2010. Showing how she has lied and sabotaged my reputation

Damages? Dollar amount?

and how she has overstepped her authority.

Up to her supervisor to determine.

Also, her being unprofessional by talking to people that did not need to be involved.

Not illegal, nor giving rise to damages.

I received my new contract for the 10/11 school year. I was demoted from manager to FSII, my hours were cut from 7.5 to 4 per day and my hourly wage was cut from $12 to 11.75 per hour and re-assigned to a different school.

Of course the school is going to say that different work locations, responsibilities, and conditions may result in differing rates of pay.

Again, I went to the superintendent to ask why was I demoted. His response was due to personality conflict with my boss I was re-assigned because you can't have two managers in one kitchen. He has instructed my boss to become the manager and director. His comment was he wasn't going to sit here and argue with me. I was offered a contract take it or leave it.

Did you take it, or leave it?

I also believe my boss has violated HIPPA laws. She discussed in front of all her staff about another co-worker's illness. Telling the sick co-worker she needed to resign due to health issues and she would not be able to take her medication before she came to work.

Again, not your issue. If that employee wants to pursue the matter she can.

Also I believe she added overtime to another workers time sheet without the worker doing the work.

Which has what to do with YOUR case? She has probably gone over the speed limit, not signaled when making a right turn, and not claimed the $10 she won playing poker at a neighbor's house on her taxes. If you want your complaint to be taken as anything OTHER than a retaliation personal attack on YOUR part, against a manager, then you need to keep your complaints and grievances confined to things that DIRECTLY have to do with YOU and possible violations of law, violations of policies, procedures, contracts, directives, or other outlined delinations of behavior and authority over that behavior. Otherwise you are shooting yourself in the foot and making yourself look like you're on a witch hunt (even if you feel that witch hunt is justified, it's usually the hunter and not the witch who gets the axe).

I feel this is retaliation for filing a grievance.

You can file another grievance. I'd retain an attorney to help you draft that grievance, because the last thing you want is a lot of ranting about extraneous issues cluttering any LEGAL BASIS of a complaint.

This is causing stress, problems with finances, with my marriage, ruining my work ethic.

None of which are the responsibility of your employer to manage. I know that sounds harsh, but an employer isn't liable for problems in your personal life caused by you working in a position with stress, that doesn't pay enough, etc. etc. Nor is an employer legally obligated to instill or support your work ethic. Remember, we're not talking about what's "right", or "moral", or "nice"...we're talking about LEGAL obligations, and your employer doesn't HAVE any in these areas. So get some help figuring ways to cope with these issues, get some counseling, and/or decide if the safety of having a contract for your position is worth it.

Yes, lawsuits are expensive but maybe a letter of cease and desist would stop her.

To cease and desist what, exactly?

Is it possible to file slander charges,

Anyone CAN sue anyone else. If you've got the $10k retainer to put down, and if you think you have DEMONSTRABLE DAMAGES that you can quantify in court, go for it. Otherwise you're wasting a LOT of money. Call a few local attorneys. If you've got ANY possible shot, many will give at least an initial consultation free or cheap.

should she be removed from her position,

Up to the employer - not us, you, or even a court even if you successfully won a slander suit.

is there any thing I have said that a lawsuit is called for?

Not in my book - but a LOT that would indicate that you're now in an environment where you are going to be treated as a "red ant" - indicating you'll either need to do some serious rolling with some punches, or start looking for employment elsewhere.

[schoolcook]

My contract was for HS kitchen manager

The outside party was the superintendent and still don't know results

The injured employee is a mentally challenged former student of the school. Doubt he can pursue that

I know everyone has an opinion and an a** hole!!!

Dollar amount on my reputation? If you can change dollar amount to pride it would be a fortune!!

No the manager contract was not offered to me and my opinion is she just wanted her friend to have my job.

Damages for filing a grievance? Just my job

The superintendent is her supervisor and of course buying what she is telling him

Her talking to other people may not be illegal, but sure it immoral, too bad that's not illegal

Yes the school has different rates of pay.

I did sign the contract but am searching for another job.

The possible HIPPA violation is for the other person, just thought I good get that info to that person and maybe she would talk to an attorney

Again the overtime for the worker is not my problem but how does an employer get away with giving money to a worker 1) did not work for it and 2) was not that directors money to give The school district is all about budget cuts right now.

No the contract is not worth it, she is not worth it but it sure would make me feel better if it were her getting removed from her job!!

Just thought a letter of cease and desist, would make her back down from spreading lies

I am trying to avoid being a "red ant" and don't want to start a pi**ing contest either. I know in my heart I am the one telling the truth and I just have to give it time to quiet down and move on from this job to another. Lesson learned Thank you for your help

[cbg]

FYI not all employers are subject to HIPAA (which is not as broad as most people think) but even if yours is, unless she obtained the medical information she discussed through the employer's self-insured group health insurance plan, HIPAA is not an issue and has not been violated. And if the employer is not subject to HIPAA, then it's REALLY not an issue.

[kelanies]

I'm fairly confident you'd find an attorney that could help you lay the groundwork for a discrimination charge. Have that grievance filed by an attorney, he can craft it in such a way where any unprompted negative action could result in them violating their own anti-retaliation policy. Remember, HR managers on here will you there is no case, 1. because it's their way of hitting back for all the frivolous lawsuits their own company has settled and 2. because it serves to make them more powerful.

Also remember that companies/govt entities do not like their names drawn through the mud or the chance that a HUMAN set of jurors may not care that the law doesn't exactly cover their case and award damages. I doubt this will ever see the light of court, my guess is they will gladly settle in exchange for your resignation.

Do yourself a favor and get an attorney and do things like request your personel file.

[cbg]

Discrimination on what basis?

[kelanies]

Simple, but you and I won't agree, because my view as someone just starting law and yours as an HR manager are completely opposite.

But assuming you want to try and see it more neutral, she seems to be getting harassed as a result of filing a grievance, most CBA's have very plain clauses that no retaliation can occur, the fact that she states:

"Again, I went to the superintendent to ask why was I demoted. His response was due to personality conflict with my boss..."

The lawyers in her school district would squirm in their shorts over this. And she is a public employee, many states have provisions that protect them. While I will agree that she isn't receiving discrimination on the basis of being a protected class/minority, she is obviously getting retaliation. If the CBA or state law state that violation of company policy is grounds for a case, than she's got one.

Can we at least agree this will never see the light of court?

[cbg]

Oh, I absolutely agree that it will never see court....

But a discrimination charge has to be based on race, religion, national origin or another characteristic protected by Federal, state or local law. There is no evidence whatsoever that this is the case. So discrimination is out. She has not suggested that she is part of a union. So we don't have a CBA. (When and if you've been on these boards as long as I have, you'll know that three quarters of the posters who refer to "filing a grievance" mean "complaining to HR or my boss's boss" so the fact that she uses that term is meaningless.)

And without a legally binding contract or CBA that expressly addresses this issue, we're back down to at-will employment again.

So...your evidence that the poster has any kind of legal recourse again would be....?

[PattyPA]

If she feels there is a violation of the CBA, she files a grievance, NOT a lawsuit. kelanies, your lack of practical experience is showing big time.

[cyjeff]

I'm fairly confident you'd find an attorney that could help you lay the groundwork for a discrimination charge. Have that grievance filed by an attorney, he can craft it in such a way where any unprompted negative action could result in them violating their own anti-retaliation policy. Remember, HR managers on here will you there is no case, 1. because it's their way of hitting back for all the frivolous lawsuits their own company has settled and 2. because it serves to make them more powerful.

Also remember that companies/govt entities do not like their names drawn through the mud or the chance that a HUMAN set of jurors may not care that the law doesn't exactly cover their case and award damages. I doubt this will ever see the light of court, my guess is they will gladly settle in exchange for your resignation.

Do yourself a favor and get an attorney and do things like request your personel file.

This is twice where you have shown you really don't understand the very basic fundamentals under which labor law is transacted.

Please refrain from posting about subjects you know nothing about.