Thursday, February 3, 2011

Week One... the newly unemployed

I’m a firm believer in professional integrity. When I leave a job I always give at least two week’s notice, even for volunteer positions. And I hope that when I work in a professional capacity for someone, or some company, the courtesy will be returned. So imagine my shock and dismay Monday, January 31st, when I was approached at 4:15PM by my Supervisor with State of Nevada Vocational Rehabilitation, handed a copy of a letter (not even an original) stating I was rejected from probation (at the 11th month), given two boxes for packing, and told to leave.

There was no reason given for why I did not complete probation. When I asked my supervisor, Bruce N., for an exit interview I was denied. I managed to get out only one question, which was a query about when I would receive my final pay. Bruce mumbled that it should accompany my regular pay the end of the week.

While driving home I shared my situation with a friend who also works for the Department of Employment, Training, and Rehabilitation, and was counseled to request an advocate from Human Resources. I had no intention of appealing the decision, as the photocopied letter clearly stated I could not, citing Nevada Administrative Code 284.458, subsection 1. However I agreed that I need some type of advocate, given that I was refused an exit interview and told absolutely nothing about my rights, my last check, payment for my accrued leave, the status of my insurance benefits, or what would come of my on-going medical treatment for work related injuries incurred on the job.

I immediately wrote a letter to Janice Johns, the Deputy Administrator for the Rehabilitation Division, stating my desire to have an exit interview, with an advocate present, and citing my concerns. The letter was hand delivered the following day, Tuesday. On Wednesday, I received a voice mail message from Janice responding to my letter and endeavoring to set up an appointment. Or so she made it seem. However, unbeknownst to her, she did not disconnect the call once she was done leaving her voice mail message, and Janice continued to carry on her conversation with Karen Belleni, the Personnel Officer with DETR, whom Janice had consulted with. Together they spoke about wanting to deny me an advocate, because they saw it as an attempt to appeal the termination. Janice stated she would refuse to speak with me over the telephone, but get me into her office, where she was advised by Karen to make sure she had her own witness present. Karen and Janice spoke about keeping me away from the JobConnect I had worked at, on Maryland Parkway, presumably because I know people there, and then verbally recognized that they cannot deny me services, however, should I request services.

Wednesday early afternoon I called Janice back to set up a meeting for Friday. I reiterated in my voice mail message to her that I was not endeavoring to appeal the decision, but that I do want an advocate present because of the refusal to allow me an exit interview, and the lack of professionalism being demonstrated. As of this writing, it is mid-afternoon on Thursday February 3rd and Janice has not returned my call. I also received my regularly scheduled pay as a direct deposit in my bank account, as I do every pay period, however there was no income for the Monday I worked, which was a new work week, or for the 60-plus hours of annual leave I accrued, and the 27-plus hours of sick leave I accrued. This morning I went to the Maryland Parkway JobConnect to see a veteran rep to assist me in finding work. Naturally, I want to receive services from someone I already have a good rapport with, from working in the same building. It seemed none of my co-workers on the unemployment side of DETR knew I had been let-go, as they were all quite surprised. Apparently an email had been sent out indicating only that I was out; not that I was gone.

A friend of mine in the private sector had recommended I call the Labor Commission about my final pay, as the State has regulated termination of employees in the private sector, giving only a day or two for an employer to give a discharged employee final pay. So I contacted the Labor Commission by telephone. I was told, "Our regulations don’t apply to us." Meaning, of course, that the regulations the State of Nevada has formulated for giving consequences to private sector employers don’t apply to the state. It was suggested I contact the Employee Management Relations Board.

I called the EMRB and was told that it only applies to local government entities, such as police departments. State employees have no collective bargaining status. But I was referred to Mary Kay Spencer of the Employee Management Committee in Carson City. She was unable to assist me with any information because I was not a permanent employee - having been discharged prior to completing probation. It was her recommendation I contact the State Payroll folks who, she was sure, could give me some information. I called and left a voice mail message which, as of this writing, has not yet been returned.

As a Constitutional Conservative, I am appalled at the size and scope of the State, and the general uselessness of each department within it. Nevada government is like an onion which I am endeavoring to find the center of, but instead just continue getting layer after layer of stink. Even more disconcerting is the new-found knowledge that, despite setting strict mandates for the private sector, the State, as an employer, doesn’t have to follow any of the same regulations.

Today I have determined that integrity is not a priority to the State of Nevada; at least not where employees are concerned.

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