Boss Retaliation: Nursing Mother Edition

March 14, 2019 6:56 AM

YANML. This was me a couple weeks ago. I believe I'm being retaliated again and my boss is creating a hostile work environment. I need help.

Since my last question, I've been written up by my boss for being sick and having a sick baby, then formally reprimanded with a corrective memo in my permanent record stating my behavior was unprofessional at a meeting in which I tried to resolve one if her issues with me by calling my husband to see if he could drop my baby off at daycare in the morning.

She writes me up and then quite literally acts like we are besties. She's a total narcissist, a micromanager, and her duplicitous backstabbing behavior is making my life a living hell. It's hostile and retaliatory. I'm working with the union. I'm in CA. What else can I do?

A couple things:

1. I have doctor's notes which substantiate both illnesses. She approved the absences at the time. Heck, she GOT me sick in the first place for one round of the illnesses.

2. Her issuance of both the information and formal memo came *after* I announced my intention to leave the unit.

3. My baby attends daycare in our building, so this is inconvenient for my husband and makes no sense except to save me the 4-15 minutes in the morning that she deems excessive. She is aware of this, and I do not expect her to care.

4. At present, I cannot call out sick, take doctors appointments or see my therapist because she approves my absence requests, then turns around and records my absences informally and turns them into a reprimand. If she doesn't like my shirt, she'll write me up for it.

I live in fear of her ruining my career. I asked her for union representation, and she said not all meetings are subject to that. She's right, but this meeting was one in which she issued the formal reprimand that is going on my personnel file.

The other day she gave me the option of going to a meeting at the exact date and time she specified or going home for the day. I was exhausted, expected the meeting to be stressful, and explained to her that I was up for two hours overnight with my baby and can we please make the meeting the following business day. She denied me that. Things like this.

Okay, so besides the union, where can I go and what can I do about this? I'm looking into the State Personnel Board today as well as any laws I can find on mothers and discrimination, since I suspect she's pissed off that I nurse my baby during the day. I'm also actively working with the union and they are meeting with me for a second time next week.

Thanks guys. This is so hard right now.

posted by anonymous to Law & Government (5 answers total)

How about HR? I know the normal response is HR is there to protect the company not you, but in this case I think they would want the chance to correct the situation before the union gets involved. That is in the business’ interest. By all means continue your efforts with the union at the same time, it’ll add pressure to HR to get moving.

Document document document. You have a good list here but formalise it in writing with dates, times, circumstances. Make it factual, try to avoid projecting motivation to her actions. Her actions are damning enough.
posted by like_neon at 7:14 AM on March 14, 2019 [3 favorites]

Making sure that you can get her to agree to things that she'll then turn around and state the opposite is probably your best tactic. Is there a formalized time-off process? If it's through email, make sure you get approvals in writing before you take the time off. Do as little as you can via spoken communications, especially when it comes to scheduling.
posted by xingcat at 7:28 AM on March 14, 2019 [2 favorites]

You can consult with a lawyer who focuses on employment law to help understand your options, and the National Employment Lawyers Association (NELA) offers a searchable online directory for plaintiff-side attorneys. In addition, California's Department of Industrial Relations has published All workers have rights in California, which outlines a variety of legal issues and resources that may be able to provide assistance.
posted by Little Dawn at 8:02 AM on March 14, 2019 [1 favorite]

And back up all your written proof (emails of her approving things that she then disciplines you for, for example) somewhere like Google Drive that you can access even if you're shut out from work.
posted by fiercecupcake at 9:12 AM on March 14, 2019

I asked her for union representation, and she said not all meetings are subject to that. She's right, but this meeting was one in which she issued the formal reprimand that is going on my personnel file.

Depending on how exactly that meeting went, she may be violating the law: "In 1975 the United States Supreme Court in the case of NLRB v. J. Weingarten, Inc. 420 U.S. 251 (1975) upheld a National Labor Relations Board (NLRB) decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights."

From an OPEIU "Know Your Rights" document:

“Weingarten” rules apply when a supervisor is questioning an employee to obtain information the employee reasonably believes could be used as grounds for discipline. If the meeting is solely to inform about a discipline without an investigation, this rule doesn’t apply. Here’s what you can say: “If this meeting is an investigation that could in any way lead to discipline or termination, I request that my steward or union representative be present before continuing.”

posted by Lexica at 9:52 AM on March 14, 2019