Work Investigation Delay

[starrmeyou]

Michigan: I filed a complaint on 1/28/2019 regarding retaliation at my job. I was promised a promotion at my job, it was announced to staff, and I signed the paperwork to for the promotion to start on 1/1/2019. There were two other dates given for my promotion including 1.1.2018 and 7.1.2018 but no paperwork was signed with these two. I was asked a question about my supervisors , supervisors performance , in which I told her I did not feel comfortable answering and was asked at least 7 times in front of others until I politely told her to the truth. From that point on she begin to make life hard for me at work.

On 1/28/2019 I filed a complaint. I did not received confirmation that my complaint was received until 2/14/2019, after following up twice. Outside counsel was hired to handle the case. On 3/1/2019 I met with the outside counsel. I was at that meeting that the investigation would be complete by 3/8/2019 . On 3/28/2019 I followed up with my companies legal department and was told on 3/28/2019 that the investigation would be complete no later than the 4/11/2019. On 4/17/2019 I followed again because no one had followed up with me and was told that the investigation was not complete. I have submitted over 200 pages of documentation to prove that I was one promised the position and not only promised the position but I am also doing the position.

Important notes:
1. I am currently the lowest paid person in the office being told at hire that I was not allowed to negotiate salaries but everyone hired after me was given the privilege to do so ( because I was asked my opinion in their negotiations) and they currently make 5-11k more then me but my workload is much heavier.
2. There are 2 other team members in my same predicament and had been for a long time, once my complaint was received their promotions and pay increases went in within 2 weeks. There was email sent stating " I can't help ( my name) now, because she filed a complaint on me".
2. I am pregnant and I fear they are holding off in hopes I don't come back from maternity leave

I want to know if I am being impatient with the process? If I am not what should I do next?

 

[PayrollHRGuy]

Retaliation for not answering a legal question is not illegal.

 

[commentator]

Being pregnant adds a certain dimension perhaps?

 

[Zigner]

Do you work in the public sector? Are you a member of a union?

 

[starrmeyou]

Do you work in the public sector? Are you a member of a union?

I work for a public entity. I am not a member of the union, I do administrative work.

 

[starrmeyou]

Being pregnant adds a certain dimension perhaps?

I am an administrative staff member, in what way does pregnancy add to the dimensions of the decision?

 

[Zigner]

I'm not sure that it makes a difference now, because what do they care if you come back or not...it's no skin off their backs either way.

 

[PayrollHRGuy]

I am an administrative staff member, in what way does pregnancy add to the dimensions of the decision?

It is the only thing you mentioned that could possibly be the basis of illegal discrimination. But from what you wrote I'd rule that out because I assume you weren't pregnant 1/1/18 or 7/1/18 when they did pretty much the same thing.

 

[commentator]

What protections under the labor laws do you believe you might have in this situation? As has been pointed out to you, retaliation isn't going to be an issue here because there's not really such a thing as illegal retaliation except in certain types of jobs, whistleblower protections, so to speak. But in your average, run of the mill public or private sector job there is not much whistleblower protection for those making complaints or protection against being discriminated against, unless it is for an EEOC protected reason such as age, sex, religion, etc.

It sounds like you work for a public entity with a fairly sophisticated employee grievance process and it sounds like you've used it to pieces (200 pages worth!) but frankly, there's just not much they have to do for you, simply because there's no statute or labor law they're breaking by choosing to make you the lowest paid person in the department who's doing all the work UNLESS it could be shown they're doing it for an illegal reason. For example, if you were the only woman, or the only (some national origin or race) whatever in the group and you were being singled out for that reason that would be something you might want to pursue.

But with the discrimination being simply because you, among a group of others like yourself, were promised a job and then didn't get it, are someone who filed a complaint against someone, or who they could say is inclined to complain, might be argumentative or just isn't well liked by her supervisor because she spoke out against her, that in itself is not illegal discrimination. It sounds like you made a statement about someone that made them not care for you, when they have supervisory power over you. That's not illegal, there's no requirement that any treatment on the job be "fair." Most people really believe they have lots more rights and privileges and protection under the labor laws of this country than they do.

If it becomes really obvious they're encouraging you not to come back after your pregnancy leave, are deliberately making your job super difficult with this goal in mind, you may want to run things by a local labor law attorney just to see if they think there's anything there. But I doubt if they'll do that. It's likely they will eventually tell you something like that your complaint has been dealt with and that no action was taken. It will be up to you to decide if you want to stay there and do the job for less salary than anyone else, working for someone who doesn't like you.
Is there any possibility you could do a transfer or go into another part of this job or agency, and get away from the problem? You might ask for this, in discussing things with the legal department and HR.