Legal Question in Employment Law in California

I work for a City Government agency. I was recently denied a promotional job as a direct result of a gross negligence, incompetence and error on the part of my employer. Because this is civil service they were picking up people 100% based upon their test score and ranking on the exam. They were only picking up 30 people and I was number 9. They had already told me at the orientation that they would "DEFINITELY" be offering me the job ..._unless_ I didn't clear the "background investigation".

As it turns out, a co-worker who was number 29 was offered the job ...but I, as number 9 was NOT!

I enquired why and they said "BACKGROUND". They then went on to explain that I was denied due to a recent "Disciplinary Action" found in my personnel employee file. This disciplinary action was a "Notice to Correct Deficiency's".

My case is 100% based upon this "Notice to Correct Deficiency's" and I'll lay out the reasons:

#1) It was Improper, Unwarranted, Unfactual, Worded in a libelous fashion and Unnecessary

#2) I had previously filed a GRIEVANCE against the action and it was officially RESCINDED by management who obviously concurred that it was improper. (A rescission means it should be as though it never happened at all. I had done NOTHING wrong.) (Therefore it is much more than an opinion but it is a FACT that all that I say in #1) is true!

#3) It NEVER should have been entered into my official personnel file to begin with since they knew that I was filing a grievance against it. It should have been held by my supervisor (visible to NOBODY until the grievance issue was resolved) ...what was the hurry?

#4) It absolutely should have been promptly REMOVED from my personnel file IMMEDIATELY once the final decision was made to RESCIND it!!!!!!!

#5) Because this was NOT done ...almost 2 months later when an employer reviewed my personnel file as part of their standard background investigation I was denied this promotional job which I had EARNED the right to. (I was denied for NO other reason!)

In addition to that ...this is not the first time that I have been denied even the opportunity to promote due to either the negligence of others or due to acts of willful discrimination.

A few years ago I scored 90 on a Supervisory promotional exam. This same employer put out a list of the people that had scored from 100 to 90 stating that _ALL_ of these people would be given the opportunity to "sit in" as supervisor for training purposes. My name was NOT on that list. I sent an email asking WHY my name was not on the list. After no response I then sent a second email. I was asked what my score was, I told them 90, they verified it and said ..."Okay, we'll add you later". I was NEVER added to the list (which was publicly posted on a bulletin board ...and I was NEVER given the opportunity to sit in as supervisor although some of the others were permitted to sit in more than once I believe.)

My name was right next to the last person's name on the list who ALSO scored a 90 but WAS included on the list. I find it extremely hard to believe that this was an accident or a mistake and believe that I was purposely discriminated against!

Prior to that, on another job but with the same governmental employer I took a promotional exam. Out of 200 supervisors only 9 of us even passed the test. Though I had almost 19 years of supervisory experience I was not promoted and I do believe that they actually kept some jobs open or filled by people (as temporary "emergency" appointments till the list expired and I was never even offered a job. In addition to that I have good reason to believe that managers were told specifically NOT to hire me based upon improper defamation of my character.

The fact is that after over 25 years of employment there is not and never has been ANY negative or adverse write-ups, evaluation, disciplinary action etc in my file and I have FAR more inside experience, knowledge etc than others who have been promoted but not subjected to the same discriminatory practices.

At this juncture, I have decided that I will NOT permit this to happen to me for a third time. I MUST take recourse and legal action and I am prepared to do so.

As for the job that I was denied due to the IMPROPER entering of a disciplinary action and failure to immediately remove it I will explain these things:

Current Salary: $60,000

Promotional Salary: $65,280 (while in training)

Next step once trained: $85,000

Next promotional step: up to $133,000

I am near retired age (early 50's). My plan was to get a few promotions and then retire. My plans have been destroyed because of this error and it is virtually impossible to now undue the damages. (Even if intimidated into giving me the job that I EARNED that still would be inadequate because I would be that employee coming in with baggage.

I intend to seek legal recourse and full recovery of all damages done. I see no recourse possible other than settlement of damages financially. This discrimination is definitely going to affect what my retirement benefits will be at because it is based upon your highest career salary when you retire. My mothers mother recently celebrated her 96th birthday and both my parents are close to 80 and doing fine. (My family lives a long time so my suit is going to factor in lost retirement income from retirement age at 55 to the age of 100 ...and this is reasonable.)

My employer(s) are guilty of:

Discriminatory Practices

Unfair Labor Practices

Gross Negligence

Slander

Libel

Defamation of Character

Malice

Interference with my ability to earn a living and promote

Etc.

Thankyou for your valuable time in reviewing my situation. I would appreciate any and all responses.

NOTE: I am a powerful witness, can substantiate all of this and I understand the importance of corroboration of evidence and fact. I have been keeping a very thorough paper trail and any lawyer would be pleasantly surprised to see how much evidence I already have to support my claims.

1 Answer from Attorneys

Related Questions & Answers

More Labor and Employment Law questions and answers in California

Looking for something else?