What can I successfully do from a legal standpoint? My Public Sector Job

Retaliation: informing management/HR because it will ruin your performance reviews. Motto: "if you don't like it, I will make you quit". Inconsistencies in their advice, and procedures. Extreme workplace bullying. Set-ups, lies, and indirect threats. 7 years of this.

2 answers  |  asked Jan 3, 2013 10:14 AM [EST]  |  applies to California

Answers (2)

George Allen
Retaliation is only illegal when it is a response to a protected activity. For example, if you complain about discrimination and suffer retaliation, that may be illegal. If you complain about stupid office procedures and suffer retaliation, that is probably not illegal. However, most public employees are civil service. If you are civil service, your employer has to have good cause to take disciplinary action against you. Since you didn't mention any disciplinary action, I assume that they have not taken formal discipline, and agree with Mr. Itkin that a good practical solution is to transfer out.

posted by George Allen  |  Jan 3, 2013 1:03 PM [EST]
Arkady Itkin

Because the law only protects employees from discriminatory or retaliatory actions (based on protected class or protected activity) and it doesn't protect from unfair or hurtful treatment which is not discriminatory, there is not much that can be done legally under the circumstances.

Practically, one of the best way to handle this is to apply or request a transfer to a different position/department. This might take a while, but it might just be the most effective way to deal with the situation.


Arkady Itkin
Sacramento Employment Lawyer

posted by Arkady Itkin  |  Jan 3, 2013 11:41 AM [EST]  [ Best Answer - selected by asker ]

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