I have a boss that is constantly saying bad things about my former boss and current employees. Is there any sort of law or rule against doing that? It could be slander but it is very hard to prove, you should just stay out of it Not in idle conversation, unless it becomes slander.
As references, it could open a can of worms, legally. This depends on who it is said to. If it is said to you or other employees, no, technically it is not illegal. But if a potential employer calls your boss about this person, they legally aren't able to say anything other than verify the dates that they were employed with them. Depending on what is being said it could amount to harassment. There are most likely company policies that deal with that, and there are harassment laws that help someone define what is harassment: http://www.fcc.gov/owd/understanding-har... will give you some resources.
HR should be able to give you some help with this. If you are uncomfortable with the situation, they are there to help define what needs to be done (if anything) and ensure that the workplace is as productive as possible. The situation you describe would not be productive.
When/if you speak with them, have specific examples of the behavior that you are concerned with and speak to them professionally. Here is your answer-its called the equal opportunity law, my recommendation is to file a written complaint within your HR department, AND IF--no action is taken then to the local department of employment for complaint against company for not taking action on your written request.
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What are "prohibited personnel practices?"
Twelve prohibited personnel practices, including reprisal for whistleblowing, are defined by law at 搂 2302(b) of title 5 of the United States Code (U.S.C.). A personnel action (such as an appointment, promotion, reassignment, or suspension) may need to be involved for a prohibited personnel practice to occur. Generally stated, 搂 2302(b) provides that a federal employee authorized to take, direct others to take, recommend or approve any personnel action may not:
(1) discriminate against an employee or applicant based on race, color, religion, sex, national origin, age, handicapping condition, marital status, or political affiliation;
(2) solicit or consider employment recommendations based on factors other than personal knowledge or records of job-related abilities or characteristics;
(3) coerce the political activity of any person;
(4) deceive or willfully obstruct anyone from competing for employment;
(5) influence anyone to withdraw from competition for any position so as to improve or injure the employment prospects of any other person;
(6) give an unauthorized preference or advantage to anyone so as to improve or injure the employment prospects of any particular employee or applicant;
(7) engage in nepotism (i.e., hire, promote, or advocate the hiring or promotion of relatives);
(8) engage in reprisal for whistleblowing 鈥?i.e., take, fail to take, or threaten to take or fail to take a personnel action with respect to any employee or applicant because of any disclosure of information by the employee or applicant that he or she reasonably believes evidences a violation of a law, rule or regulation; gross mismanagement; gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety (if such disclosure is not barred by law and such information is not specifically required by Executive Order to be kept secret in the interest of national defense or the conduct of foreign affairs 鈥?if so restricted by law or Executive Order, the disclosure is only protected if made to the Special Counsel, the Inspector General, or comparable agency official);
(9) take, fail to take, or threaten to take or fail to take a personnel action against an employee or applicant for exercising an appeal, complaint, or grievance right; testifying for or assisting another in exercising such a right; cooperating with or disclosing information to the Special Counsel or to an Inspector General; or refusing to obey an order that would require the individual to violate a law;
(10) discriminate based on personal conduct which is not adverse to the on-the-job performance of an employee, applicant, or others; or
(11) take or fail to take, recommend, or approve a personnel action if taking or failing to take such an action would violate a veterans鈥?preference requirement; and
(12) take or fail to take a personnel action, if taking or failing to take action would violate any law, rule or regulation implementing or directly concerning merit system principles at 5 U.S.C. 搂 2301.
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Who can be protected by the OSC from prohibited personnel practices?
General. OSC has jurisdiction over prohibited personnel practices committed against most employees or applicants for employment in Executive Branch agencies and the Government Printing Office.
Limited Jurisdiction; whistleblower protection. OSC has jurisdiction over allegations of whistleblower retaliation for employees of -
the government corporations listed at 31 U.S.C. 搂 9101;
the Transportation Security Administration (TSA). (please see below for further information regarding TSA).
Limited Jurisdiction; U.S. Postal Service (USPS) nepotism allegations. Under a Memorandum of Understanding (MOU) between OSC and USPS, OSC refers alleged violations of the anti-nepotism statute (5 U.S.C. 搂 3110) to USPS for investigation. Once USPS completes its investigation, it reports its findings and any proposed action to OSC.
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Can Transportation Security Administration employees (including security screeners), within the newly created Department of Homeland Security, file complaints with OSC?
Yes. TSA non-screener employees may file complaints alleging retaliation for protected whistleblowing under 5 U.S.C. 搂 2302(b)(8). OSC will process these complaints under its regular procedures, including filing petitions with the Merit Systems Protection Board, if warranted.
TSA security screeners may also file complaints alleging retaliation for protected whistleblowing under 5 U.S.C. 搂 2302(b)(8) pursuant to a Memorandum of Understanding (MOU) between OSC and TSA executed on May 28, 2002. The MOU and TSA Directive HRM Letter No. 1800-01 provide OSC with authority to investigate whistleblower retaliation complaints and recommend that TSA take corrective and/or disciplinary action when warranted. Additional information on OSC procedures for reviewing security screener whistleblower complaints under the MOU is available at http://www.osc.gov/tsa-info.htm.
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Who is not protected by OSC from prohibited personnel practices?
OSC has no jurisdiction over prohibited personnel practices committed against employees of -
the Central Intelligence Agency, Defense Intelligence Agency, National Security Agency, and certain other intelligence agencies excluded by the President;
the General Accounting Office;
the Federal Bureau of Investigation;
the U.S. Postal Service (except for nepotism allegations; see above); and
the Postal Rate Commission.
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How does the OSC handle prohibited personnel practice complaints?
Complaints Examining Unit (CEU). The CEU receives complaints filed with the OSC (see the Forms section of this site for complaint forms). The unit initially analyzes all allegations of prohibited personnel practices (as well as allegations of other activities prohibited by civil service law, rule or regulation).
When necessary, the CEU contacts the person requesting OSC action to ensure that CEU clearly understands the nature of and basis for each allegation. It conducts further inquiry to the extent necessary to determine whether the allegation warrants additional investigation.
Persons who have submitted allegations to the CEU will receive one or more of the following responses:
a letter acknowledging receipt of their complaint and identifying the staff member assigned to handle it, with an information sheet (Form OSC-53) enclosed explaining how the complaint will be processed by the CEU;
a status report after 90 days, and every 60 days thereafter while the matter is active;
a letter advising that the matter has been referred to an OSC Investigation and Prosecution Division for further inquiry, with an information sheet (Form OSC-54) about the investigation and legal review process, (or, as noted below, a letter inviting the complainant to participate in mediation as an alternative to investigation);
a preliminary determination letter, with a final opportunity for input when the CEU proposes to close a matter without remedial action or referral to an Investigation and Prosecution Division; or
a letter advising that the OSC will take no further action because it lacks jurisdiction over the matter.
The OSC asks everyone who seeks an investigation of a possible prohibited personnel practice to select one of three consent statements (Form OSC-49) explaining necessary communications between OSC and the agency involved.
Investigation and Prosecution Division (IPD). After a thorough initial examination, the CEU refers matters indicating a potentially valid claim (under the laws enforced by the OSC) to one of four field offices in the IPD. The field offices are located in Washington, D.C., Dallas, Texas, the San Francisco Bay Area, and Detroit, Michigan. The IPD then conducts investigations to review pertinent records, and to interview complainants and witnesses with knowledge of the matters alleged. Matters not resolved during the investigative phase will undergo legal review and analysis to determine whether the IPD inquiry has established a violation of law, rule or regulation, and whether the matter warrants corrective action, disciplinary action, or both. Complainants will continue to receive 60-day status notices while matters are pending in the IPD
Alternative Dispute Resolution (ADR) Unit. After CEU has completed its examination, OSC offers mediation, as an alternative to investigation, in selected PPP cases. Participation in the OSC mediation program is completely voluntary for both the complainant and the employing agency. If both parties agree to mediate their dispute, the OSC assigns a neutral third party 鈥?a mediator 鈥?to facilitate a discussion between the parties to reach a mutually agreeable resolution to the complaint. For more information on mediation at the OSC, click on the Alternative Dispute Resolution link.
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Can the OSC delay a personnel action pending investigation of the matter?
An individual may request that the Special Counsel seek to delay, or "stay," an adverse personnel action pending an OSC investigation. I |
