Wrongful discharge & rejection of litgitimate employment application.

After explaining to my relativly new Community Development & Environmental Health director in March 2011 of the "illegal operation" of a "Tattoo/Body Art" establishment that I as an State Registered Environmental Health Specialist (AKA: health inspector) was responsible for regulating found them operating with out the proper permits and all fees paid to the county (this is how we generate funds to operate our health programmes by order of the county Board of Supervisors), after bringing this to his attention, and other "illegal operations" (water well testin measures, food preparations in privatee public homes & selling it to the public, building various structures with out the proper permits, fees paid, or oversite by county environmental health, planning dept personnel, etc..)he dismissed me from my employment. I have "NEVER" been in trouble with anyone during the course of my work with this employer, employees, or the public after 32+ months on the job. I entered into arbitration in October 2011, and have "NEVER" been given any final out come as to any decision from the arbitrator on this matter. They simply refuse to provide me with an decision. My union representative is also very close and involved with my director I learned during my hearing(but I knew that before hand...I just didn't tell him or say anything regarding his relationship)and I deeply feel that regardless of the county having aabsolutely "NO" evidence against me for doing anything wrong within my job duties, they dismissed me for no reason I feel "illegally". The other inspector I worked with (there were only two [2] of us in the environmental health section) had the most "horrendous" relationship with our director to the point where they on numerous times almost had fist fights. He also swore alot openly, and to our secretaries and to the director on numerous occasions with out any disciplinary action taken against him. But with me, with out argueing, only explaining the dangers of these illegal practices withing our community, he automatically dismissed me right away for no reason. I had through out the course of my job documented "everthing" that I experienced working with this agency, and specifically, with "this" new director who has absolutely no public health background at all. I secured a attorney immediately back then, however, he took his own life shortly afterwards. I also filed with the Federal EEOC / State of my residence, and am waiting for my case to come up. within, but less than a year later, I re-applied to my job again, due to it is "extremely difficult" for them to fill these positions, and they rejected my application based on what they said (within a letter)were, "reasons from the past" (being dismissed). But again, with no reason given during or after my arbitration, or after re-applying. I strongly feel that "both" of these practices from the county are truly illegal and out right wrong on their behalf. What can be done in this matter legally against this employer out side of my Federal EEOC / State claim of discrimination & illegal dismissal. I was off work probationary status for two & one half [2 1/2] years when this occured. I feel that I deserve a reason as to their actions against me. please let me hear from you if you too feel the same regarding the legalities of this matter,

Thank you

1 answer  |  asked Jan 17, 2013 4:46 PM [EST]  |  applies to California

Answers (1)

George Allen
Since you have been to an arbitration on the issue of your termination, you should get a decision before you proceed in Court. Your Union should be politely asking the arbitrator for the decision. In a civil service system sometimes the arbitrator's decision is the final say at the administrative level, and sometimes the arbitrator's decision is advisory and can be either accepted, rejected, or modified by the employer.

posted by George Allen  |  Jan 17, 2013 5:09 PM [EST]

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