Retaliation by Management for Talking to HR
Hello.
For a little over a year I have been working in California for a state agency. Practically from the first day on the job my manager and I have been having communications problems. I've been trying to work them out with him, but to no avail. Two weeks ago things came to a head when my manager shoved a job description under my nose and told me I wasn't doing the job I had been hired to do. The problem was, the job description he showed me didn't match the job I had applied for and thought I had accepted. When I pointed this out to my manager, he told me I was wrong because I had signed off on it my first day on the job. I told my manager that I didn't recall signing any document agreeing to such a job description and asked to see a signed copy of the agreement he was referring to. He responded that it wasn't possible because the agreement was "locked up" somewhere and that I was "focusing on the wrong thing."
That was not a fun meeting, so later in the day I asked my manager if he would take a walk outside with me so we could talk informally and clear the air. He agreed. At that informal meeting we came to a mutal conclusion that things just weren't working out between us and that maybe I should start looking elsewhere for employment. I asked him if I could have at least a couple of months to find something else, and he said OK.
The very next day I received an email from my manager demanding that I reply to it and confirm that I would be resigning in two months. This alarmed me because I hadn't expected to be forced to set a firm date for leaving. Before replying to the email, I went to HR to find out what my rights were and get some advice on how to handle the situation. I was told to reply to the email informing my manager that, I understood things weren't working out, and that I was looking for another job, but that I didn't want to agree to a firm resignation date at this time, and that I was issuing this reply on the advice of HR.
As soon as he read the email, my manager exploded in anger. He told me that it was wrong for me to go to HR without his knowledge or permission and that now he would be forced to begin terminitation proceedings against me. He immediately began to marginalize me by taking away my most important projects, and leaving me only with the mundane and trivial. Ironically, it's been regarding the mundane and trivial that we've had our worst communications problems. After my manager's angry outburst, I immediately emailed my HR rep and told her what happened. She replied back and gave me contact information for an impartial third party to talk to.
Yesterday I had my first meeting with that 3rd party. One of the things she told me was that it would take many weeks for my manager to process termination papers on me, if that's what he was determined to do, and that any documentation he had against me he could not present without my knowledge or signature, and that I would have to be given an opportunity to present my case. This alerted my radar a bit, because although I have never received a formal evaluation from my manager, he has made references to one at least twice. I just shrugged it off at the time, but now I wonder. The policy of the state agency where I work says that all new employees must be on probabtionary status for 6 months, but that they have to be formally evaluated after 5. I have been working there for over a year now and my manager still has not sat down with me to give me a formal performance evaluation. However, since he has made references to doing one for me, I wonder if one was submitted to my permanent record without my signature. Is this possible? I have already made an appointment with my HR rep to try and find out. If it turns out that an evaluation, or other documentation, was submitted to my file without my signature, what do I do about it?
My work environment is very stressful for me right now, and I don't want to stay there any longer than I absolutely have to. However, I don't want to get fired, or have my employment record tarnished either, as I would like to find another job within the same state agency.
Any advice would be greatly appreciated.
Re: Retaliation by Management for Talking to HR
If you find out that your rights were violated, once you know the nature of the violation consult an employment lawyer about any available remedy.
Perhaps you should try to find a new position now and get transferred, rather than waiting to see what your present supervisor does.