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"DR. TESTOSTERONE TERMINATES; EMPLOYEE OUTRAGED"

Dear Kathryn:

I have worked for this medical practice for five years now, always maintaining a professional and ethical relationship with all of the doctors. About three months ago, one of the doctors, newly divorced and a needing to prove he was a sexual god, started a routine of constantly asking me out for drinks after work and dates. I declined the numerous invitations as I didn't want to get involved in anything that could potentially harm my employment relationship, which I value above a fling. The doctor did not take my rejection lightly and began doubling my workload as payback. Kathryn, it was impossible to handle and I complained to him. His response was that for what I was getting paid, I should be able to handle more. If I couldn't handle it, I could find another job. Naturally, given the overload, I started to make a few errors and the last one he found out about. I ordered the wrong tests for a patient and the result was a two week delay in the patient getting on the right medication. The patient was very angry and the doctor livid.

Yesterday the doctor fired me, stating so loudly that others could hear, that I was a disgrace to their practice and he'd make sure that no other practice in town would have to suffer my incompetence. He said he'd make sure my personnel file detailed my carelessness. I was mortified and angry as the errors never occurred my first four years when I handled a normal workload just fine. It was the ridiculous workload that caused my inattention, all because of Dr. "Hormone".

When I contacted the office manager today asking her if she'd be able to be a good reference for me she said no way. Not only does my personnel file now outline my errors (he found out about two other incidences), he told the entire staff in a meeting that I was a disgrace to the medical assisting profession, exaggerated my errors and forbade anyone from supplying a reference for me.

I feel that this is emotional harassment and I badly need a job! If I can't get a reference, how can I get another job? Why should my personnel file be permanently blackened because of this after four years of good work? Can I say the real truth as to the injustice of how I got fired and the doctor's sexual advances? What can I do?

CONFIDENTIAL PLEASE, Paula I., Harwinton, CT

Dear Paula:

No whitewashing this answer-you are in a very difficult position. While I recommend you immediately visit the Commission on Human Rights to explain the series of events and file a complaint, it's not an immediate resolution to your problem.

While the CHRO will investigate the matter and eventually have a solution, it doesn't help you with references, a new job or explaining your reason for no longer being employed.

An employee can't demand a reference letter of any kind, even though your previous years proved you as a candidate for a good one. If you explain the doctor's sexual advances resulting in the job overload, the doctor could claim that you're defaming him by spreading this story. While you are legally able to have as part of your personnel file your statement refuting the facts the doctor has in there, that may ease your mind, but who else will see the file?

While costly, your situation is dire enough that you need to spend a few dollars and see a plaintiff's labor attorney. Have him contact the practice and try to negotiate a few points. First, that they release a reference based on your first four productive years with the practice. Secondly, changing your termination to a voluntary quit. This will at least let you move on with getting a new job with a decent reference to support your efforts.

While the attorney will advise you as to other, longer term measures he or the CHRO can take, your immediate needs of employment and a deserved good reference are critical to your financial and emotional well-being. Good luck.

Dear Kathryn:

I am in a very bad position, not sure what to do. As office manager, I interviewed and hired a very experienced woman who I felt would be excellent for our senior partner. We got to talking personally in the interview and I learned she had three children and wanted to continue to grow her family. She never point blank said she was pregnant and I didn't ask, but frankly, assumed so due to her physical shape. She has been here now two months and lately her absences began to increase. Her partner asked me what the deal was and I volunteered maybe her pregnancy had something to do with it. Well, he exploded, said what pregnancy, and how could I be so stupid to hire someone who would need a pregnancy leave after only a few months of being here?! I said I hadn't considered it a factor and hoped he'd calm down. He hasn't and her absenteeism hasn't helped.

He ordered me today to dismiss her due to her bad attendance. When I approached her she said she had doctors substantiating her need for days off and that this sickness would soon pass. My boss wouldn't hear of it and said get rid of her. We have now received inquiries from the Human Rights Commission. I smell a big law suit coming on and I'm caught in the middle. It really was the absenteeism that caused the termination, not her pregnancy but the pregnancy caused the absenteeism. I suppose I was wrong to hire her, especially given the bad position I've gotten my firm and myself into. Where do we go from here?

DONNA P., Moodus, CT

Dear Donna:

It's rare that an employer contacts me early on enough to halt the nasty progress of past actions, but your firm may be one of the few.

The fact that you had knowledge of her pregnancy when you terminated her puts you in very hot water. The Human Rights Commission will enforce the statute that states "its discrimination for an employer to terminate a woman who has disabling conditions resulting from pregnancy." Your firm should have allotted her a reasonable leave of absence.

I consulted Attorney Henry Zaccardi and he said that your second mistake was when the employee actually invited a discussion with you, telling you her doctor said the sickness wouldn't last much longer. You could have allotted her an unpaid leave of absence, and given what her doctor reported, probably had her back at work in a short time.

Zaccardi says you still have a shot of cleaning this up, so don't mess up this last chance. The Human Rights and Opportunity Commission has available to you and the complaining employee a "mediation counsel." You should contact the HROC, explain you'd like to be able to invite the employee back to work. Only if the employee's absenteeism had been "unreasonable", could you escape a lengthy and expensive law suit. Given you never really deemed her absenteeism "unreasonable", in a costly lawsuit, she'll probably win. Take this mediation tactic and avoid further problems.