URGENT! Unfair Labor Practice(s) Charge

[ecchy]

What is the name of your state (only U.S. law)? : OHIO

TO FILE OR NOT TO FILE, THAT IS THE QUESTION!

I'm in a "jam" and need some quick advice.

I filed EEOC Charges of Title I ADA Discrimination/Retaliation in mid-November 2007 (against my employer). Two weeks after my employer learned that I filed the Charges, I was demoted, forced on unpaid leave, and ultimately terminated (April 2008). My Union and employer failed to process my last seven grievances. They simply acted as if I didn't exist. I should mention that I was on approved paid leave through all of this, and my employer was failing to return me, even after being cleared by my doctor.

When the retaliatory actions were taken, I contacted the EEOC Investigator to inquire about Amending my outstanding Charge. I asked if I could include a Charge of Retaliation for engaging in protected activity (filing the orig. charge). The Investigator explained that the Original Charge was already processed (under Investigation) and that these incidents would have to be filed as a new Charge.

In the process of terminating my employment, my employer (and Union [only has 6 members]) violated several labor laws (Section 4117.11 of the Ohio Revised Code).

To file an "Unfair Labor Practices" Charge with Ohio's State Employment Relations Board (SERB), the Charge must be timely filed. The State law provides that a complaint must be filed within 90 days (once the following two criteria are met). The 90 day tolling begins after: 1) Complainant gains actual or constructive knowledge of the alleged Unfair Labor Practice, and 2) Complainant has been harmed as a result of the alleged Unfair Labor Practice. They are very strict about the 90 days.

My 90 day period ends tomorrow. I plan to file civil action against my employer for the EEO violations, but would also like to file the Unfair Labor Practice Charge.

My dilemma: I do not have an attorney yet, which means I don't know the venue that will be pursued (State or Federal Court), or if having a SERB Charge would interfere in any way with my EEO Claim or remedies, etc.. I need to know:

1) Can a SERB Charge be withdrawn by the Complainant after it's been filed? And if so;

2) Is there a deadline to withdraw the Charge?

My concern is that (since I have no earthly idea) the SERB Charge may interfere with the civil suit regarding remedy. If an Administrative Law Judge orders reinstatement of my employment, I would not be able to accept it because the environment is far, far too hostile for me. To a point that it's physically dangerous. I have plenty of evidence to support that reinstatement isn't a viable option. If the Judge orders reinstatement and I decline it, I'm afraid it will negatively impact my civil suit. The retaliation has gone far beyond simply requiring injunctive relief. I'm hoping that I can just file the Charge (error on the side of caution) and once I have legal counsel, if he/she determines that it would interfere, I could simply withdraw my Complaint.



Any advice would be greatly appreciated!

 

[justalayman]

I can't really offer you much of anything but this statement:

I would not be able to accept it because the environment is far, far too hostile for me. To a point that it's physically dangerous

would definately hurt your case. If you have been threatened or assaulted, then the police need to be brought in and a criminal investigation needs to be inititated. Claiming you can't return to work such as you have is simply not an option either.

 

[ecchy]

If only it were that easy! Still looking for an answer.

Thanks for your advice.

I'm not sure if you're in Ohio or not, but regardless, Ohio is a "Home Rule" state. My employer is a political entity; I've contacted the Police; Sheriff's Office; County Prosecutor's Office and the Ohio Attorney General's Office.

The Police Chief told me in no uncertain terms to "pound salt." His "employer" is my "employer." Called the County Prosecutor's Office and this is what I was told, "Don't bring any allegations to our Office, we can't hear them because we are the legal counsel for your employer." That's out. Called the Sheriff's Office and County Commissioner's Office. County Commissioner promised to set me up with a meeting with the Sheriff himself. He said he'd call within 24 hours and give me a date and time. Never received a call back. The Sheriff's Office won't help because they have "ties" to my employer. I called the Attorney General's Office. I was told, "Sorry, Ohio is a Home Rule state. We have no jurisdiction and cannot investigate any reports of crime when reports are made by citizens. " The only way they could enter the picture is if a law enforcement agency contacts Ohio's BCI Unit and asks the OAG Office to intervene. That's obviously not going to happen. I tried that. The people looking into corruption are very capable of protecting people, but not in the type of work I do. Not without making their presence blatantly obvious, which would hinder their investigation. The equivalent would be trying to rob Dunkin' Donuts at 0900 or 2200 hrs.

Turns out that by filing EEOC Charges, I've stepped into a hornets nest of corruption. I did find some "folks" that decided to step in, but they are behind the scenes and certainly aren't going to make their presence known, at least not until they have what they're looking for.

The type of job I do is dangerous enough. Our lives are in each other's hands (nearly on a daily basis). If I'm in a bad situation, it'd be very easy to get to me slowly, not get to me all or simply put me in the situation in the first place. My Superior is already a convicted felon (State Law says he can't be an appointed Official 2961.02 of the Ohio Revised Code, but he is). Strange things happen to people every day and quite frankly, if I can't trust the person beside me, I'm not going to put myself in a position to be a statistic. I have a beautiful daughter and wife. Too much to lose!

I'm not worried about whether I'd be able to convince a judge or jury that a return to work is NOT a viable option. I have plenty of tangible evidence of the volatility. Just as a person can resign and be considered "constructively terminated" under appropriate circumstances, I can't be expected to enter the same type of environment that would easily be regarded as constructive termination (had I of quit).

Thanks for the advice though.

P.S.
Still looking for an answer if anyone knows! Thank you.

 

[justalayman]

I called the Attorney General's Office. I was told, "Sorry, Ohio is a Home Rule state. We have no jurisdiction and cannot investigate any reports of crime when reports are made by citizens. "

No, I am not familiar with "home rule" situations but what I did read did not support the statement above. The local government is still held to the states laws and the fact that this involves the local government at the highest levels of authority, I cannot see how the AG is not the next step. If your claims of immunity from the people are true, then it has become a modern day version of the wild west where there were no limitations of the actions of the government on its citizens. I find this hard to believe.

Regardless, I can offer nothing here so I will simply watch. There is a poster on this site, Ohiogal, that is an attorney in Ohio and may be your best source of info here. If she does not catch on to your thread, you might try PM'ing her and asking her to review your thread.