Employer retaliation/harassment

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Posted by Ronna on April 30, 2000 at 06:04:56:

I am a legal secretary of 16 years and work for a senior partner of a law firm. Things were
fantastic between this partner and I, meaning we had a great working relationship. I worked
overtime whenever requested, no problem; cleaned up a backlog of filing, etc., as
he was without a secretary from April, 1999 through September, 1999, although, it
is my understanding, that numerous temporary workers came and went. No problem.
The problems started, however, when the backlog filing was completed, and I simply
had no work. My job duties consisted of maintaing the files, screening all of his
telephone calls, and sending e-mail messages of his calls, in addition to call his high
school hockey players to remind them of practice, etc. With 16 years experience
this is quite mundane and had I known this would be the extent of my job duties, I
would have opted to not take the job. I voiced my dismay to my boss, who at that time,
I had a great relationship with. This did not make him happy. Things started to get
a little tense. Then, I started helping other attorneys with overload typing, etc. when I
was literally sitting there with nothing to do. This really added to the tension. In addition,
the paralegal assigned to my boss have always been somewhat envious of my boss
and I relationship, in that I have quite a bit of experience, and this is her first legal
assignment. So, to make a long story short, in spite of losing money because I was
enrolled in night classes at a local university and was always late for class because
my boss always requested that I work late (I had nothing to do all day, but at 5:30 p.m.
he suddenly would have one letter or something for me to do to make me have to work
late); putting up with the sabotage by his paralegal, just more or less being an extremely
good, professional, accommodating secretary, because I wanted more job duties my
boss had become very cold and calculating towards me. I've heard through the office
grapevine that in five years, I'm secretary number 4 and he's on paralegal 5. I've also
been told that the other secretaries were either fired or quit because they decided they
wanted more job duties. The job description as his secretary should really just be
file clerk because that's pretty much it. Why would you hire someone with 16 plus
years of legal experience for such a mundane job. He had started being obnoxious,
insulting whenever possible, so I tendered my resignation in February, 2000. Then he
stated, he was sorry, his behavior was because of being overworked, and that I was
the "best secretary he ever had," and wanted me to stay. I withdrew my resignation.
Big mistake I've been told to resign. I've been told, if you ever resign, it's a big insult
to his ego. In fact the secretary I replaced gave her two week's notice, and he was
so miffed, he told her after a couple of days to just go. He didn't need her, and when
she left numerous messages for a referral, he would return any calls.

To retaliate he did, in fact, give me additional duties. His practice is patents and
trademarks. I have a litigation background. I was thrilled at the newly assigned
job duties, and was looking forward to actually getting more involved with patents and
trademarks. Big mistake. He assigned the tasks, but never assigned any training.
Whenever I ask him a question, he states, "I don't have time to answer that right now.
I'm too busy." But, then, he'll laugh and talk and chit chat with others in the hallways,
but still won't answer any questions. When I e-mail my questions, he sent me a
message last week, "don't send me any more e-mails." His insecure paralegal is
enjoying every moment of this because now that he's really angry at me, she just
gets by without doing anything. We had a section meeting last week. I am responsible
for maintaining the patent and trademark docket. Mind you, this was my first time
preparing same, winging it on my own, and when we were in the meeting, he just
pretty much scrutinized the docket to see if I made any mistakes. There were items
of importance on the docket, i.e., that his paralegal was to prepare a trademark
application, he didn't bother when she said "I just didn't prepare it." She said this on
several items. He ridiculed me to such an extent and so abusively that I started
crying in the meeting. After the meeting I went to the managing partner and asked to
be reassigned. (I asked this once before, because I've been in secretarial hell from
February, 2000 to present.) Even on secretary's day he suddenly wanted to file eight
applications with the trademark office which meant that I couldn't attend the firm's
secretary's day luncheon. He didn't even give me a card. The next day, he had another
application to be filed and had the affidavit associated with the same hand delivered
to the client for signature. The client even inquired, what's this all about. There's no
rush on this. Why is he acting like this is a rush.

As a result of my boss' behavior, I have had to seek medical attention for stomach
cramping and constant nausea, twitching of my right eye, etc. Things I have never
been treated for before. In fact, I rarely have to go to the doctor.

I went to work on Friday, and my boss called me in to his office, with the firm
administrator, and said I was placed on probation because "my behavior (when I broke
down crying) was disrupting his practice." Also, he stated what do you want to do.
I said "be reassigned." He glared that's not going to happen. There's no openings.
I said, "okay, I'd like my request to be considered when there is an opening." The
administrator said, "what if that's two years." I said, "what choice do I have?" The
bottom line, my boss was trying to get me to resign. He knows I've been to the doctor
as a result of the hostile environment of the last couple of months, and he wants
me to just "quit" and then he's off the hook.

Please advise as to the foregoing because my life has been disrupted. I've turned
down employment offers because of his little "I'm sorry, I've been overworked these
last couple of months,etc.," only for him to turn right around and be even more
vindictive. In addition, he told me as he is a senior partner, he doesn't care if I
went to the managing partner, because the managing partner can't tell him anything.
Therefore, what legal recourse does an individual have if they work for a law firm
and the senior partner is blatantly being a butt? Do they have carte blanche to just
railroad employees? I'm supposed to go back to work 05/03/00. Please respond
prior to then. Thanks.


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