B
bttaylor
Guest
What is the name of your state? Florida
I began working for the State of Florida in 3/88 as a Child Protective Investigator. I received an Oral Reprimand (OR) in 3/89 and was demoted in 7/89 as I could not keep up with the paperwork. I held several other jobs in the system with no further disciplinary action and good reviews. I started working at the state TB hospital in 1/95 as a Counselor.
The hospital is a difficult place, with lots of turf issues and covert communication. I was diagnosed with Attention Deficit/Hyperactivity Disorder (AD/HD) in 97 and put on medication. I did not share this at work. Some characteristics of AD/HD are impulsivity, speaking before thinking, and an inability to attend to social cues. My AD/HD behavior contributed to some staff member's dislike. I also have a hearing loss, and a voice that carries. I cannot hear myself and am often accused of yelling, or "disruptive conduct". Menopause in 96/97 made me tearful, and I was labeled "unstable". I had a conflict with a supervisor (DR) in my department that seemed to mushroom. He continuously undermined me, but my supervisor saw through it and protected me. He left in 5/96.
I was placed under the Director of Nursing (DON), who had no experience in the social work arena. She told me she thought I was mentally ill and needed counseling and that she thought I might be on drugs, not an auspicious start. She gave me an OR in 7/96 for Disruptive Conduct because I shouted at a patient, first discipline since 89. I deserved it.
DR contined to undermine my work. Some of my working relationships remained difficult due to his interference and my inability to remain cool. Without an objective supervisor to provide balance, I struggled to accomplish my professional responsibilities and did ok. My evaluations were satisfactory. I received a Written Reprimand (WR) for "Disruptive Conduct" in 4/97. This was a set-up by DR and was sealed on appeal. It still appears in my file.
In early 98 a psychiatrist was hired to head my department. He refused to have me on the word of DR. I was permanently assigned to the DON with new duties, mainly clerical. I believe I was assigned more than one person could do. I had difficulty immediately because of my AD/HD interfering with my ability to quickly learn "parallel, linear tasks" and the high level of organizational skills required to accomplish all I was assigned. I went to my supervisor for help without relief.
In 4/98 the psychiatrist pulled the Chief Legal Counsel, my friend, into a room with the Medical Executive Director (MED), my supervisor, and the Clinical Services Director. He told her I had a borderline personality disorder, and that she should not be my friend because I would stab her in the back. My supervisor told her she should not be my friend because she may have to discipline me someday. The MED called her at home that evening and apologized, telling her he thought it was inappropriate. People with AD/HD are often misdiagnosed as borderline.
I worked night and day to learn and keep up with my new responsibilities. During a Documented Counseling Session on this on 10/2/98, I asked for several simple adjustments to help me learn my duties more quickly. All were refused. I then invoked the ADA and disclosed my AD/HD, saying I needed the adjustments as a reasonable accommodation (RA), but was still refused. My supervisor laughed at me and said I needed counseling.
Management began a campaign to fire me. My supervisor told me that "the MED was so mad at me it would mean my job, and that meant documentation". My supervisor, the MED, and the superintendent had a meeting about me a week later, and things began to happen, too many to include here. They were literally stalking me in the halls to find something to document me on. I have documented everything.
I received a WR on 11/2/98 for Failure to Follow Instructions, a setup, reduced to an OR upon appeal. I received a WR on 12/8/98 for Insubordination, also a setup. Upon appeal, the hearing officer said that he recommended sealing it. This did not happen.
The Personnel Officer played with my RA request, saying it had to be in writing and ignoring written communication from me. I already suffered from depression, a common comorbid condition with adult AD/HD, and I developed an anxiety disorder. I was distraught and ill, which is documented in my medical records. I could not respond adequately, I did not know my way around the system, and I could not afford an attorney.
It took me a year to get a RA. I needed a few simple adjustments in how I learned the new tasks, which my supervisor could easily have provided without a RA request. I was forced to submit a formal request in writing, although I had already made a request in writing, and the superintendent sent it to Tallahassee to be handled by Human Resources. No "interactive process" with my supervisor to allow me to learn one task at a time so I would not get confused.
A Labor Relations staff member (JP) from Tallahassee came to the hospital to deliver my "RA". They had decimated my job, removing duties I was excited about. When I asked to retain them, JP said no, "the ADA would not let me do them". I learned everything by then and I refused the RA, but it was forced on me. I stood up to JP, and she joined the campaign to fire me.
I received a WR in 11/99 written by JP for Threatening and/or Abusive Language and Conduct Unbecoming a Public Employee. I went out on FMLA. When I came back I had a new supervisor, a friend. She handed me an OR for Failure to Follow Instructions, which was replacing the WR of 12/8/98 for Insubordination, which was supposed to be sealed. The OR was dated 11/30/99 rather than the date of the WR it was replacing. JP did this.
I thought I was safe with my friend as supervisor, but she gave me a WR in 4/00 for Failure to Follow Instructions, Threatening and/or Abusive Language, and Conduct Unbecoming a Public Employee, written by JP. I went out on FMLA again. Upon return, my supervisor said she had been to mediation training and understood the issues. I had glowing evaluations and received a bonus in 6/02. I received no more discipline until 7/02.
I studied the laws, Florida Administrative Code (FAC), policies & procedures, etc. There were errors and bias in most of the disciplinary actions. I complained about these up through the agency (Florida Department of Health) (DOH) chain of command, to the Inspector General (IG). I filed a Whistle-blower's complaint with the Chief Inspector General (CIG). At each stage, I submitted documentation to prove my case, which was never addressed. I filed an EEOC complaint without a response. I was not popular with management.
In 5/02 I filed Whistle-blower allegations of misfeasance by Chief Legal Counsel at the hospital, (not the same one) with my supervisor in writing. I was almost fired. My supervisor intervened and I received a WR from the superintendent instead for Poor Performance, Threatening and/or Abusive Language, and Conduct Unbecoming a Public Employee. The superintendent said he was under pressure from Tallahassee to fire me, and he would if I made any more "unfounded allegations". My allegations were never addressed.
I filed with the CIG in 8/02. He said it did not meet Whistle-blower status but was serious, and he referred it to the DOH IG. It ended there. I filed a complaint of retaliation with the Florida Commission on Human Relations (FCHR). They said a WR was not an adverse personnel action. I appealed, proving that a WR was disciplinary action and was an adverse personnel action. They said my concerns did not meet Whistle-blower status. I appealed. I am reopening my EEOC complaint.
I took 3 male patients (I am female) on an outing on 11/30 and left them for several minutes while I used the bathroom. I took 5 patients on an outing on 12/12 and 3 of them intentionally slipped away from the group and drank beer. I am now being fired for Poor Performance, Negligence, Insubordination, and Violation of Law or Agency Rules, because I did not "properly supervise" the patients.
There is no documentation on "proper supervision". Other staff members in similar situations were not disciplined. There are inconsistencies in supervision by other staff members. I am the only staff member excluded from Treatment Team, where these things are discussed. (Another new psychiatrist banned me from these meetings on the word of other staff, going back to the problem with DR.) No minutes are distributed. I received no training on supervision of patients in 8 years at the hospital. This is my first major problem on an outing.
The superintendent put me on administrative leave Friday, 1/31, pending "Internal Investigation". He refused to say what I was being investigated for. I was ordered to report to him on Monday, 2/3, for a disciplinary meeting. He gave me a letter of dismissal at that meeting. He refused me access to information I needed to use in my defense at the predetermination conference (PDC). I complained to the IG and the CIG, without response. I went through my PDC without it. I submitted Public Records Requests on Feb. 5 for information for my defense, with no response yet.
1) Is there any law or precedent about dating a replacement document?
2) What can I do to have the errors in procedure in the reprimands examined? If I need to go to court, what would I file and who against?
3) Do I complain to the Governer about the CIG? Who after that?
4) If I go to arbitration, can I get in the past discipline and irregularities to prove they were after me?
5) Can arbitration case decisions be reviewed anywhere like court cases are?
Thanks.
I began working for the State of Florida in 3/88 as a Child Protective Investigator. I received an Oral Reprimand (OR) in 3/89 and was demoted in 7/89 as I could not keep up with the paperwork. I held several other jobs in the system with no further disciplinary action and good reviews. I started working at the state TB hospital in 1/95 as a Counselor.
The hospital is a difficult place, with lots of turf issues and covert communication. I was diagnosed with Attention Deficit/Hyperactivity Disorder (AD/HD) in 97 and put on medication. I did not share this at work. Some characteristics of AD/HD are impulsivity, speaking before thinking, and an inability to attend to social cues. My AD/HD behavior contributed to some staff member's dislike. I also have a hearing loss, and a voice that carries. I cannot hear myself and am often accused of yelling, or "disruptive conduct". Menopause in 96/97 made me tearful, and I was labeled "unstable". I had a conflict with a supervisor (DR) in my department that seemed to mushroom. He continuously undermined me, but my supervisor saw through it and protected me. He left in 5/96.
I was placed under the Director of Nursing (DON), who had no experience in the social work arena. She told me she thought I was mentally ill and needed counseling and that she thought I might be on drugs, not an auspicious start. She gave me an OR in 7/96 for Disruptive Conduct because I shouted at a patient, first discipline since 89. I deserved it.
DR contined to undermine my work. Some of my working relationships remained difficult due to his interference and my inability to remain cool. Without an objective supervisor to provide balance, I struggled to accomplish my professional responsibilities and did ok. My evaluations were satisfactory. I received a Written Reprimand (WR) for "Disruptive Conduct" in 4/97. This was a set-up by DR and was sealed on appeal. It still appears in my file.
In early 98 a psychiatrist was hired to head my department. He refused to have me on the word of DR. I was permanently assigned to the DON with new duties, mainly clerical. I believe I was assigned more than one person could do. I had difficulty immediately because of my AD/HD interfering with my ability to quickly learn "parallel, linear tasks" and the high level of organizational skills required to accomplish all I was assigned. I went to my supervisor for help without relief.
In 4/98 the psychiatrist pulled the Chief Legal Counsel, my friend, into a room with the Medical Executive Director (MED), my supervisor, and the Clinical Services Director. He told her I had a borderline personality disorder, and that she should not be my friend because I would stab her in the back. My supervisor told her she should not be my friend because she may have to discipline me someday. The MED called her at home that evening and apologized, telling her he thought it was inappropriate. People with AD/HD are often misdiagnosed as borderline.
I worked night and day to learn and keep up with my new responsibilities. During a Documented Counseling Session on this on 10/2/98, I asked for several simple adjustments to help me learn my duties more quickly. All were refused. I then invoked the ADA and disclosed my AD/HD, saying I needed the adjustments as a reasonable accommodation (RA), but was still refused. My supervisor laughed at me and said I needed counseling.
Management began a campaign to fire me. My supervisor told me that "the MED was so mad at me it would mean my job, and that meant documentation". My supervisor, the MED, and the superintendent had a meeting about me a week later, and things began to happen, too many to include here. They were literally stalking me in the halls to find something to document me on. I have documented everything.
I received a WR on 11/2/98 for Failure to Follow Instructions, a setup, reduced to an OR upon appeal. I received a WR on 12/8/98 for Insubordination, also a setup. Upon appeal, the hearing officer said that he recommended sealing it. This did not happen.
The Personnel Officer played with my RA request, saying it had to be in writing and ignoring written communication from me. I already suffered from depression, a common comorbid condition with adult AD/HD, and I developed an anxiety disorder. I was distraught and ill, which is documented in my medical records. I could not respond adequately, I did not know my way around the system, and I could not afford an attorney.
It took me a year to get a RA. I needed a few simple adjustments in how I learned the new tasks, which my supervisor could easily have provided without a RA request. I was forced to submit a formal request in writing, although I had already made a request in writing, and the superintendent sent it to Tallahassee to be handled by Human Resources. No "interactive process" with my supervisor to allow me to learn one task at a time so I would not get confused.
A Labor Relations staff member (JP) from Tallahassee came to the hospital to deliver my "RA". They had decimated my job, removing duties I was excited about. When I asked to retain them, JP said no, "the ADA would not let me do them". I learned everything by then and I refused the RA, but it was forced on me. I stood up to JP, and she joined the campaign to fire me.
I received a WR in 11/99 written by JP for Threatening and/or Abusive Language and Conduct Unbecoming a Public Employee. I went out on FMLA. When I came back I had a new supervisor, a friend. She handed me an OR for Failure to Follow Instructions, which was replacing the WR of 12/8/98 for Insubordination, which was supposed to be sealed. The OR was dated 11/30/99 rather than the date of the WR it was replacing. JP did this.
I thought I was safe with my friend as supervisor, but she gave me a WR in 4/00 for Failure to Follow Instructions, Threatening and/or Abusive Language, and Conduct Unbecoming a Public Employee, written by JP. I went out on FMLA again. Upon return, my supervisor said she had been to mediation training and understood the issues. I had glowing evaluations and received a bonus in 6/02. I received no more discipline until 7/02.
I studied the laws, Florida Administrative Code (FAC), policies & procedures, etc. There were errors and bias in most of the disciplinary actions. I complained about these up through the agency (Florida Department of Health) (DOH) chain of command, to the Inspector General (IG). I filed a Whistle-blower's complaint with the Chief Inspector General (CIG). At each stage, I submitted documentation to prove my case, which was never addressed. I filed an EEOC complaint without a response. I was not popular with management.
In 5/02 I filed Whistle-blower allegations of misfeasance by Chief Legal Counsel at the hospital, (not the same one) with my supervisor in writing. I was almost fired. My supervisor intervened and I received a WR from the superintendent instead for Poor Performance, Threatening and/or Abusive Language, and Conduct Unbecoming a Public Employee. The superintendent said he was under pressure from Tallahassee to fire me, and he would if I made any more "unfounded allegations". My allegations were never addressed.
I filed with the CIG in 8/02. He said it did not meet Whistle-blower status but was serious, and he referred it to the DOH IG. It ended there. I filed a complaint of retaliation with the Florida Commission on Human Relations (FCHR). They said a WR was not an adverse personnel action. I appealed, proving that a WR was disciplinary action and was an adverse personnel action. They said my concerns did not meet Whistle-blower status. I appealed. I am reopening my EEOC complaint.
I took 3 male patients (I am female) on an outing on 11/30 and left them for several minutes while I used the bathroom. I took 5 patients on an outing on 12/12 and 3 of them intentionally slipped away from the group and drank beer. I am now being fired for Poor Performance, Negligence, Insubordination, and Violation of Law or Agency Rules, because I did not "properly supervise" the patients.
There is no documentation on "proper supervision". Other staff members in similar situations were not disciplined. There are inconsistencies in supervision by other staff members. I am the only staff member excluded from Treatment Team, where these things are discussed. (Another new psychiatrist banned me from these meetings on the word of other staff, going back to the problem with DR.) No minutes are distributed. I received no training on supervision of patients in 8 years at the hospital. This is my first major problem on an outing.
The superintendent put me on administrative leave Friday, 1/31, pending "Internal Investigation". He refused to say what I was being investigated for. I was ordered to report to him on Monday, 2/3, for a disciplinary meeting. He gave me a letter of dismissal at that meeting. He refused me access to information I needed to use in my defense at the predetermination conference (PDC). I complained to the IG and the CIG, without response. I went through my PDC without it. I submitted Public Records Requests on Feb. 5 for information for my defense, with no response yet.
1) Is there any law or precedent about dating a replacement document?
2) What can I do to have the errors in procedure in the reprimands examined? If I need to go to court, what would I file and who against?
3) Do I complain to the Governer about the CIG? Who after that?
4) If I go to arbitration, can I get in the past discipline and irregularities to prove they were after me?
5) Can arbitration case decisions be reviewed anywhere like court cases are?
Thanks.