Legal Question in Discrimination Law in Michigan
Harassment in the Work Place
I'm a secretary w/excellent record--rec'd awards, etc. The dir. didn't reinstate a minority prof. who asked to see her Personnel files. The dir. removed documents from the fil; told me to return it. When the prof. arrived she was able to see only what the dir. left. The prof. called asking if I could help her w/suit she filed. When I told the dir. she called, the dir. called ME in her office telling me my work was terrible, everything I did was full of errors, etc. I asked if I could tape this session & she said OK. I taped the meeting while she accused me of typing letters w/mistakes (actually done by someone else), then accused me of using bad grammar (actually composed by her assistant). She never accused those responsible when it was proven I didn't do these things. She's been harassing me until last month when she met w/University attorney. After which, she became disgustingly nice. Meanwhile, I 'm trying to bid on another job @ the University to get out of the dept. I'm single & desperately need my job. Do I have a case; ie, whistle blower, slander, harassment? Do you think she will try to fire me (I am a UAW union mbr)?
1 Answer from Attorneys
Workplace Harassment
The removal of documents from a personnel file and the concealment of that removal from the employee whose file it is may be a violation of the Bullard-Plawecki Employee Right To Know Act, an Act in Michigan that establishes the rights of employees to access to their personnel files. An employer violates the act if it engages in the actions described in this inquiry. If the supervisor is taking disciplinary action against an employee who has witnessed a violatioin of the Act, then the employee might be protected under a "Whistleblower" theory. Moreover, collective bargaining agreement might specify how the employer is required to address performance issues. This matter should be reported immediately to the union representative, so that the union can determine what, if any, action to take. You should consult an attorney as soon as possible, to discuss and determine whether and how the particular facts and circumstances affect you rights. A number of attorneys have experience addressing these types of matters. Feel free to contact me if you would like to discuss this matter further.
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