retaliation law

I am a registered nurse in Oregon state who recently witnessed very disturbing and graphic explicit sexual conduct by my senior manager on employess whom we mutually manage.  My senior manager then emailed me w/o body and simply stated in the comment like "Ann, come see me first thing this morning" a couple of days later. Which is unheard of w/o premiss for purpose. I entered (relunctantly and extremely nervous) into his office. I was essentially told "you know I have been investigated before and I do not want to get a bunch of compliance calls about this, and those people who made complaints had work performance issues and as you can see I am still here."

I am a fairly new employee and my probation period will end in 3.5 weeks. I have requested 2 employee performance evaluations and both were meeting/exceeding standards. I have not called in ill, I have not been late nor left early, I have completed all tasks of my job criteria.

Yesterday, I was suddenly told "your manager will need to meet with you, HR, another manager and yourself" I was given less than one hour notification. I asked my manager if I needed representation (I belong to a union) and I was told "you do not have rights to representation because you have been here less than 6 months." When I called a union rep they informed my manager of my rights since I pay union dues. I did not have adequate time to have a union rep present so I emailed my my manager requesting a postponement of the meeting until I could secure adequte cverage of my assignment and retain a rep. I was denied and my manager came into my office a total of 4 times to demand my presence. I was finally told I could bring a friend who belonged to the union if i wanted.

When I came into the meeting I was told that there had been a publication of a previous (7months prior) incident involving a discipline with the state board of nursing which resulted in a repirmand but no revocation or suspension of my licsensure. (my reprimand was for a one time incident of not verbally reporting off prior to lunch break, and for incomplete documentation related to the same incident.). I was not terminated but ultimately resigned. I called OSBN prior to looking for another job to assure when I could apply for work and what I needed to do to remain compliant with regulations. I was informed by a board member that as long as I did not have a restriction on my licsensure I could look for andbegin employment.

I was told by the other manager in this meeting that though I did not "break any laws, nor lie on the application" that I was violating an "ethical standard" by not reporting the finding of this public record and past incident on my own offering during the interview process. HR confirmed in the meeting that I had not violated any policies in the application process; but agreed that I may have violated an "ethical unwritten obligation". I stated that I felt that I had not violated an ethical perception because I had truthfully answered all stringent application questions and did not feel that this past incident had any bearing on my current ability to perform the job duties or prohibit me from functioning in n ethically moral manner. I further stated that the HR investigation of my credentials and references met the criteria for the job in which I was applying for. In addition I had faithfully and adequately met all work requirements and had excellent working relationships with employees as stated repeatedly by my immediate manager and had excellent work evaluations since starting. 

I was told in the conclusion of this meeting that this may be grounds for "discontinuing employment" beyond my probation period which ends in 3 weeks and was told they will make a decision but did not give me any timeframe.

To note: this other manager worked collaboratively for many years with the manager whose sexual harrassment I was witness to and since the report was filed, both have been very short and unfriendly since. They spend time outside of work together as I had witnessed pesonally.The climate has been so obvious that I have had other employees ask me "what is going on?"

I do not even know where to start to defend myself. I do feel I have been retaliated against for "whistle blowing".

Did you report the manager's sexual harassment or testify on behalf of those he was harassing?  Your post isn't clear on that point.  If you did attest to what you witnessed and he is not attempting to indirectly intimidate you this way then there may be an issue.  If you didn't report it then there isn't.

RNANN:

I asked my manager if I needed representation (I belong to a union) and I was told "you do not have rights to representation because you have been here less than 6 months."

The "six month" stipulation doesn't make sense, but they are probably correct insofar as not allowing the shop steward or anyone else to sit in.  Weingarten Rights protect you if you are being investigated.  They already concluded that you were to be reprimanded. 

RNANN:

I was not terminated but ultimately resigned.

Over a reprimand?  Here's where my knowledge of labor law obliterates.  I think you would have to have been terminated.  (Check with your union.)

I don't understand where you have reason to claim "whistleblowing."  It wasn't an action that you took to a state/fed agency.  You answered in-house questions that were proposed to you.

If the manager is uncomfortable with you for personal reasons, I don't know if "retaliation" could apply; and I don't know that a union would protect you.  (Check with your union.)

Actually, Weingarten protects a union employee who has a reasonable belief that the meeting in question might lead to discipline. I wouldn't want to be the employer who denied the employee union representation on the basis that the decision to discipline had already been made.

cbg:

Weingarten protects a union employee who has a reasonable belief that the meeting in question might lead to discipline.

A "reasonable belief?"  Whoa.  The one bit of labor law I thought I knew I guess I don't.  Thanks for clarifying, cbg.  :)   Last time I touch Weingarten Act ...

Yes, another employee and I filed a complaint against my senior manager for his activities. I was assured there would be "confidentiality". However, as I stated repeatedly during the investigation, he KNEW it had to have been me because I was the only employee who witnessed his activity (besides my husband) and the only one present when he pulled me into his office to essentially indirectly threaten me about making a complaint. I also made repeated statements that I knew there would be retalliation for my reporting to the HR investigator (who was also the HR investigator at my interrogation).

I am not sure what you are asking in the last two inquiries, sorry.

The "6 month" stipulation he was referring to was my 180 day new hire probation period. I was being investigated only they did not use that term, in fact I was told it was "confidential" and could not know why we had a meeting. I asked repeatedly why HR was involved and for what purpose I was to attend. I was never given an answer. I also stated releatedly then emailed my manager stating that I need a union shop steward or represention before I would attend. I was denied the right. The meeting turned out to be an investgation. To update I was terminated 3 days later.

I absolultely knew that this "meeting" with HR and another manager (whom I knew was in frequent and close relationship with my senior manager but also with whom I had never worked with in my daily operations) was to be involved, I KNEW THIS MEETING WAS THE INITIAL PROCESS FOR ULTIMATELY  LEADING TO A TERMINATION.

However, I had NO IDEA what the "allegation" would be, because I had perfect work performance w/ written evidence from my immediate supervisor and colleagues can attest to my performance.