[INSERT ORGANIZATION ADDRESS]
[INSERT DATE]
Dear [INSERT PERSON RESPONSIBLE]
RE: LETTER OF APPEAL FOR INVOLUNTARY TERMINATION
I have been employed as an Oversight Counsellor at your Organization since October 16, 2017. I am writing to appeal my involuntary termination from San Diego Center for Children, 3002 Armstrong St. San Diego, CA 92111 which took place on Wednesday, March 29. I believe that my termination was unjustified and in contravention of the State of California’s labor laws.
Firstly, I would like to address the issue of the company’s refusal to allow me to seek medical attention for my work-related injuries that I sustained in 2020 and 2022. You are well aware that I am currently pursuing a worker’s compensation claim for the injury I suffered in 2020. As mandated by the state of California, I completed and submitted a DWC 1 Form to my supervisor and the Director of Residential.
However, despite my repeated efforts to have my injuries treated by the Organization’s Occupational Medicine Physician, I was denied this basic right. This refusal is a clear violation of 2005 California Labor Code Sections 4600-4614.1 Article 2. Medical and Hospital Treatment – which states that “the employer shall provide any equipment or services that are reasonably necessary to cure or relieve the injured worker from the effects of his or her injury In the case of his or her neglect or refusal reasonably to do so, the employer is liable for the reasonable expense incurred by or on behalf of the employee in providing treatment.”
Moreover, my termination was conducted in an unfair and unjust manner. I was placed on paid administrative leave on March 17, 2023 after an incident between me and Arlene Rasana until I was involuntarily terminated without being given a proper chance to voice my side of the story or present my evidence, despite the fact that I was awaiting an interview so that I could submit a complaint against the said Arlene for her harassment.
I provided evidence of Arlene’s most recent harassment on March 17, 2023, in my witness statement (a copy of which is attached), which has been ongoing since 2018, and which I repeatedly reported to the Human Resources Directors (see attached copies of email correspondences evidencing the same). I sent several emails and drafts of my complaint, but I was never given the chance to submit it officially, and it was disregarded, which made my situation worse.
The termination was conducted without due process, which goes against California’s labor laws that guarantee fair and just termination procedures. My Lead Supervisor informed me that I was being terminated for violating four of the Organization’s Policies and Procedures and gave me reasons that I do not think are consistent with the Employee Handbook. The following are the alleged Policies and Procedures that I allegedly violated:
- Health and Safety and Environmental Policy (pages 69 and 70);
Specific reason being professionalism and work place safety confronted staff.
There was no proof that I did not follow this policy in accordance with the Employee Handbook.
- Code of Conduct and Ethic (pg. 12);
Specific reason being comments/tone of voice.
Contrary to the aforementioned reason, I did not violate any moral or legal principles that put the Organization’s client(s) at risk.
- Professional Employee and Client Boundaries (pg. 50); and
Specific reason being confronting staff in front of the youth.
The Organization did not present any evidence that I did not uphold the highest standards of professionalism, morality, and ethics in my interactions with clients(s).
- Harassment Policy (pg. 8).
Specific reason being based of name calling.
Regarding the Harassment Policy, I would like to state that, as far as I understand it, my conduct did not amount to harassment, as defined and described in the Employee Handbook. I ceased communication with Patrice as soon as she asked me to, and I did not engage in any behavior directed at Arlene that could be considered harassment. Nevertheless, I recognize that the Organization has a responsibility to undertake an effective, thorough and objective investigation into any credible claim of harassment and take appropriate action. However, I was never given detailed information of the complaint and allowed sufficient time to respond accordingly.
In case the company decides to review my termination, I would like to emphasize that the grounds for my firing, as stated in the Harassment Policy on page 8, are based on accusations of name calling. While I deny the allegations and maintain that they do not amount to harassment, I also note that there were incidents in which I reported Arlene’s harassment of me, but they were not investigated or resolved. I believe this context should be taken into consideration when evaluating the fairness and consistency of the Organization’s actions.
Additionally, the Organization’s policy on harassment highlights the role that supervisors and managers play in enforcing the policy. As such, the Organization failed to conduct a thorough investigation into the reported incident of harassment against me. The Organization failed to adhere to its policy on harassment and failed to protect me from any form of discrimination. The Organization did not act fairly in the investigations as I was never called to give my side of the story and was unfairly terminated despite the fact that there was no conclusive evidence of harassment which makes me conclude that my termination was an act of retaliation for reporting the harassment towards me by Arlene.
I have never had any disciplinary actions taken against me by the Organization and I have been treating my colleagues with respect and professionalism. I was involuntarily terminated without being given a fair hearing, even though there were other disciplinary actions that could have been taken against me if the Organization found the allegations made against me to be true, including unpaid administrative leave, a written warning, and training on policies and procedures. The system of corrective action in the event of an involuntary termination is described in the Employee Handbook (page 75 of the aforementioned Handbook), but I was never given this due process.
Finally, after reviewing the details of my termination, I learned that Roberta “Bobbi” Norris, the person who oversaw my termination, is the Chief Financial Officer, and not the Director of Human Resources. Furthermore, since director Kristen Carpenter resigned, there is no Human Resources division in the Organization. This fact alone establishes that my termination was not handled in accordance with accepted Human Resource practices, underscoring the denial of me due process.
In light of these issues, I request that you reconsider your decision to terminate me and reinstate me to my former position. I hope this letter provides clarity on the legal violations committed by the company during my termination, and that we can resolve this matter fairly and equitably.
Sincerely,
[Your name]
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