Employment Law Information

I recently reported my boss to the EEOC for unfair treatment in that she has been obviously trying to get rid of me after 7 yrs with, basically a spotless employment history free of any major write ups. She in the past yr has written me up as much as 3 times in one day ( total of about 7 times) she seems to embelish her own unsubstatiated facts with these write ups in what looks like an attempt to make me seem like the worst employee in the hospital) with all kinds of accusations from sitting down with my feet up on a desk to downloading movies on the hospitals computers. Non of this is true and she never brought forth any proof or witnesses. She just said that stuff was reported. I am usually running late to work (which she wote me up about too) when for the past 3 yrs she hasnt even mentioned it.( now its a big issue) We have to be at work at 5 45 but i usually get here at 6 00. Plus she wrote me up for calling in sick when the swine flu out break was going on. Because the hospital implemented a “dont come to work if you have flu-like symptoms” for 7 days. Anyways she tried to count those against me too.( and wrote me up for that too).

Well after the EEOC investigators came down. They offered to remove the write ups. They also now added a NEW Attendance Policy that limits tardies to 6 per yr. But we are the only department that this new policy applies too. I have diabetes and hypothyriodism that makes me sluggish and my diabetes makes me wake up frequently to urinate. This then makes me lose sleep and I feel tired quite often for lack of sleep. But it seems that this new policy that applies to my department isnt quite fair to ALL. For example Nurses have to come in at 6 45 and a lot dont show up till 7 00 pm well past what is the tardy time limit for clocking in at 6 52 ( with 6 53 being late). Is this unfair and unequal treatment still? I am on my last tardy. If I get one more I ll be fired. I think that the hospital is trying to retaliate against me, by being totally hard on attendance, in my department and being lax about it in other departments. Is this fair? Yes i am keeping a journal of those employees that are late since the implementation of the new policy.

Answer:  Hospitals are HORRIBLE for unfair and unequal treatment.  Good for you that you’re documenting all of this.  Here is some free help for others who need help on documenting problems at work: ”10 Things That Managers Do To Get Sued…And Lose In Court”.  You might want to download it yourself.  There’s a section in there on unequal treatment.

I would contact the EEOC again and tell them they have unfairly and unequally implemented the new attendance policy and you feel you are being singled out due to retaliation.  Keep documenting.

Also, since you have diabetes and your health affects your job, it would seem you have a partial disability, but you really NEED to get legal advice about it.  Click here to find an employment law attorney in your area.  But here’s a head’s up, you don’t mention what part of the country you’re working it.  I heard stories about hospitals in the south having local attorneys in their back pocket – the good ol’ boys club thing.  You may have to find an attorney outside of your area who’s not being paid to refuse cases such as yours.