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I need help paying for a lawyer and medical bills

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Hi my name is Megan Gospe and I was illegally terminated due to filing a wage theft claim and being covid19 vaccine injured. The wage theft claim was for work I did outside my classification in my last department before I was forced out of my
job due to harassment and discrimination against my medical injury and adhd. The funds would be used to file a discrimination and retaliation claim. Any left over money will pay the filing fees and cover my
medical costs.

Why I need the money:

I want to file a discrimination,retaliation and refusal to accommodate lawsuit for being unjustly let go from my job. I took protected FMLA leave because the COVID19 vaccine injured me and I had a reaction. I developed multiple tumors on my body and I was under extreme chronic pain and emotional distress from the situation. I held off my leave because I was harassed out of my old department where I held permanent employment and tenure. I need help filing a response back to the EEOC, I might have to meet with HR because they are responding late with the union about the injustices. I also want to set the motions to close my legal complaints to reach either a settlement or a large repayment from SFSU. If possible I would want the right of return to reinstate my permanent status and return to Enrollment management for a permanent position of similar status. They are trying to deny me right of return when the contract states they have to and I need legal help to get my goals met.

For no reason when I switched departments and changed to a similar admin role at a similar classification they took away my permanent status when I moved to Student Health Services. I reported discrimination, harassment and a failure to promote situation to HR and labor relations in the Financial Aid department and HR in my new role. After my first complaint with HR I began being mistreated in the Financial Aid department I was demoted from the role I was already performing for two years without proper pay and classification. I applied to the role I was already performing and I was never fairly interviewed due to my white ethnicity, gender and disability (ADHD). The workplace became so hostile that someone in upper management was revoking my computer access and deleting my work to set me up to get fired.Despite the fact they knew I was capable of the job they tried to hide my knowledge and expertise by harassing me until I would leave .

Since I was in a rush I quickly changed departments on campus thinking the harassment was over and I was wrong .Due to my COVID19 injury and medical situation I didn’t find employment off campus and changed departments on August 03,2022.I was never informed that my permanent status would be revoked despite having 3 years of similar experience in a similar classification. I started the new role and could not take my medical leave until December because covid made it difficult to get scheduled for my urgent medical need for surgery. I was retaliated against by HR, My Lead and AVP for taking medical leave and for needing appointments for PT and my workers comp process. When I asked for medical accommodations per my doctors notes from PT and my spine doctor I was refused accommodations and ergonomic arrangements because I filed a labor complaint in my new department because I was being harassed and bullied again by my lead and AVP for no reason.

During the time I was in the department I applied for a role that I was more than qualified to do as an Administrative analyst 2 and I was discriminated against for being medical injured when I trained the current girl in that position. When I was interviewed I was forced to take an interview while I was still recovering from my surgery and on my personal break time when I was not at my best . I was denied the role because I apparently didn’t answer the questions fully enough despite having the full skill sets for the role I was medically discriminated against because I was not treated equally to the other candidates . Which lead to the AVP and lead micromanaging me to start a paper trail to find anything they can while I was catching up after my leave to fire me. I had situations where the lead told me to do stuff incorrectly and then she would come back and lie to set me up to fail.

All of these instances were written up as disciplinary issues and miscommunications when I was not the person miscommunicating with others.The lead felt threatened by me because I could perform higher job functions and set me up to fail so I could be reprimanded despite passing accreditation she deleted files I currently filed away and deleted some to have a reason to fire me. They cited performance standards when I was never on a PIP and we met accreditation standards with my help. I only asked for medical accommodations due to chronic pain and per my doctor's note evaluation he recommended I worked from home until I could be healed. The union never responded to me when I asked for their help and they emailed me last week asking to meet with me and HR when I do not trust them whatsoever after the union purposely ignored me. Due to the union not responding there was never a proper termination because the union never met with HR and I before taking action for my labor complaint.

I was also trusted with special projects and with delegating security access for the department. I asked to meet with the union and HR and then the AVP made a move before I was permanent again to fire me for performance because she was leaving because I filed a labor complaint and not because I was not doing my job right . HR unjustly fired me by not properly meeting with me and the CSUEU union. They did this because I had active complaints with the EEOC and California Department of Labor Retaliation Investigation Team and the California Department of Labor Wage Theft Claim. They are trying to claim that they had no knowledge but, they are retaliating against me for asking for my back pay because I filed the Wage theft claim at your advice and immediately once the investigation started the Lead of HR set the motions to fire me. They had discriminated against me multiple times so that is why I am wanting to sue them for a large amount because they stole over $80,000 in back wages when they made me do a job I was not properly classified for without extra pay.


Additional Background information:On Monday, July 10, 2023, the interim AVP made the decision to terminate Megan's employment at SFSU. This action was done out of retaliation because she is leaving her work assignment and does not like Megan. The motion was done by HR 30 days after my wage theft claim. The decision was made out of spite and discriminatory circumstances due to Megan’s vaccine injury , wage theft claim ,labor complaint and her refusal to provide medical, ergonomic, and ADHD accommodations.
The decision was made hastily as a result of Megan standing up for her worker's rights and injury limitations. The employees at SFSU and Megan believe her termination was unjust and too harsh of a response when the employee asked for protected accommodations.
Megan has been an asset to the SFSU community for 4 years and she is well respected around campus. Her friendliness and familiarity with each and every student and staff member is remarkable and influential. In the past 11 months, while Student Health Services struggled Megan and the leadership team worked tirelessly and together in unity to support administrative operations and payroll. The University still struggles with high turn over and staffing issues when it comes to promoting a healthy environment and respect . Megan has made a difference at SHS and she truly loves her job. Megan has remained loyal, focused and dedicated to her work and for the staff she supports at SFSU. Megan is what SHS truly needs during this time of confusion, changing policies and uncertainty. Her willingness to not give up while working in pain and her dedicated attitude can never be replaced with someone new.
In conclusion, the events of this Monday July 10th have been sneaky and vindictive towards a good employee and worker. This unjust decision warrants a discussion with SFSU HR and SHS Leadership to ensure the right thing is done. Due to this unjust action Megan almost had
to drop out of graduate school and lost her university housing. This dismissal was not just and we kindly ask the SFSU community to demand SFSU HR to reverse the Interim AVP decision to fire Megan . Please sign this petition on change.org to reinstate Megan and hire her back into her job.
The termination of Megan is a step in the wrong direction for the SFSU community, and we hope this is something that can be remedied. I also like enough donations to hire a lawyer.

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Current Update:
SEP 28, 2023 —
Current Update as of September 28, 2023: No response from the CSU Chancellor's Office, the CSUEU, or HR. I was still trying to find an employment attorney Pro Bono because I can not afford a Labor attorney on unemployment. I emailed HR, the CSU, and HR Lead to request a status update on my complaint. HR just replied this morning, stating a response will be given out next week. I am unsure if I will get reinstated or given a settlement hearing.
_____________________________________________________________________________
Grievance Letter Written to the Chancellors' Office on July 19th, 2023.

July 19, 2023

Office of the Chancellor
California State University
401 Golden Shore
Long Beach, CA 90802

Subject: Grievance and Complaint Letter

Dear Office of the Chancellor,

I am writing to formally lodge a grievance against the decision made by the Interim AVP at San Francisco State University to terminate my employment. I believe my termination was unjust and violated the provisions outlined in the CSU bargaining agreement.
I have been employed as a Personnel and Credentialing Specialist at the SFSU Health Center from August 02, 2022- July 10, 2023. I have also worked at the CSU for four years. I have diligently fulfilled my duties and responsibilities throughout my tenure, consistently meeting or exceeding my expectations. Therefore, I was profoundly shocked and disappointed when I received the termination notice on July 10, 2023. I believe that the decision to terminate my employment violates the rights and protections afforded me under the CSU bargaining agreement. Specifically, I would like to bring the following concerns to your attention:

● (Medical Accommodations/Discrimination): When I returned from Medical Leave as soon as I could, I was denied Medical Accommodations due to chronic pain. Once I returned on-site, I was retaliated against and refused access to things to make it appear like I was not doing the work. I was not given access to Payroll until February 20, 2023, and I was written up for Payroll errors and mistakes when I had no way to fix them due to access issues. I also had specific responsibilities and access taken away when I was asked to train our Admin Analyst 2. I was being discriminated against for coming out as ADHD, and someone was trying to sabotage me in my new role because they knew I was new at it and wanted me to get fired. I only requested Temporary Medical accommodation, and I was discriminated against for a job I was already doing. Something like this similarly happened to me in the past for my Financial Aid role. Both instances lacked proper investigation, and HR failed to respond in both cases. I began to endure examples of being mistreated due to a protected ADA medical issue and chronic pain impacts. Four doctors stated that their Professional Recommendation was to have me work from home due to the extent and severity of my COVID-19 vaccine injury/ adverse reaction. On my six-month evaluation and written warning, I was written up for being unable to walk around for long durations due to chronic pain and inflammation in my spine. I was accused of not wanting to be friendly or approachable when my employer should have been more supportive of my Medical Accommodation. Due to the lack of medical accommodations, I had to bring my electronic stimulation machine and heating pad to work to manage pain. I was negatively criticized for keeping my door closed for times I could not focus well due to arthritis flares and headaches originating from the condition/reaction in my spine.

● (Retaliation): According to the HR system, the new Student Health Director was my Supervisor because she was a permanent employee. I was sent a passive-aggressive email after requesting a reasonable medical request to Telework. There were also other similar actions taken on my SFSU email that I have no access to where she demeaned and disrespected me when I asked for feedback, or she never responded to make it appear like I am insubordinate because My Lead told me not to send her the Security codes. After all, it is confidential SHS information. For one of the medical emails, The Interim AVP said, “ As we discussed, there is no need for you to submit time off for medical appt in this manner/through DocuSign. Your Lead and I directed you to ensure it is reflected in PnC so we know if we are looking for you. The medical excuse note is not asked for or needed at this time. Reminder: in DocuSign and other official documents, I should be listed as your supervisor/administrator officially, not the SHS Director. I understand it is confusing in some instances.”- In this quote, we never discussed it. She was rude and unprofessional about my health ailment, which led to her retaliation against me by filing a Written reprimand and firing me on July 10, 2023, with no cause, just because she did not like me. She knew I needed my benefits, and she did not care. She made untrue claims about my work performance when we passed Accreditation, and I was thanked in a Kudos email. Also, before I was fired, I filed a reclassification request because I was refused a promotion when I actively fulfilled the duties of Administrative Analyst 2 and met expectations. Due to filing a labor complaint about an uncomfortable experience, I was retaliated against. Then, I was denied the Administrative Analyst 2 role due to my injury, and the Interim community member made it her obsession and living mission to ensure my life was miserable at my job. My Lead was also caught misrepresenting me one time, and I spoke up. My Lead got upset at me for standing up for myself and issued an apology email to the group once. Yet there were other instances where she did the same behaviors and began plotting my downfall by stating untrue things about me to the Interim AVP.

● (Telecommuting Refusal): It was refused when I requested Medical Accommodations by letter and with the Telecommuting form in writing. I was told that since the Interim AVP thought I had Performance Issues, I was not allowed to work from home when she let my Lead work from home every day. Even after I submitted my doctor's notes, I was refused accommodations, a standing desk, and ergonomic equipment at work. Then, since my spine doctor was out of the office, they could not provide more intrusive information to DPRC to fulfill and end my Medical Accommodations request. I later discovered that my doctor could not disclose more information to DPRC due to HIPAA privacy regulations and the intrusive nature of the request and questions.

● (Whistleblowing 25.3): I contacted HR for a policy violation because I was illegally coerced to re-write my Position Description and change my Supervisor to her so she could fire me. Another offense that occurred was 10.12. I disagreed with the evaluation and provided the Interim AVP a rebuttal to put on file. My rebuttal never reached HR and was not attached to my Personnel file with my Performance Evaluation. The Administrator used her first draft and forced me to sign the copy without my rebuttal to begin letting me go. Due to my asking HR to revert my Position description and re-assign my Supervisor, the Whistleblowing provision was violated because I had a labor complaint about my Supervisor, and HR failed to respond correctly to my request. I told HR I felt unsafe because I was bullied and harassed, and no one cared. I was being retaliated against for medical reasons, and they ignored my complaint, letting the Interim AVP fire me.

● (Misapplied Reprimand 12.6): I am claiming the written warning and negative 6-month Performance Evaluation was not correctly done after I returned from Leave, and the correct Administrator did not do it. The 6-month Evaluation was done by my Lead when she was not authorized to do so according to the bargaining contract. The Interim AVP told me in a face-to-face meeting that she did not know my work, yet she was the one who had to do the evaluation. The Interim AVP used the Lead's notes and observations instead of observing on her own accord how I worked and what I did. The Interim AVP was never in office to accurately monitor the office environment and dynamics. This proves that my Interim AVP does not write my Evaluation and Reprimands, and she takes stuff from my Lead. I humbly request that an appropriate Administrator review my complaint and grievance since the Interim AVP did not understand my workload and responsibilities. The written warning reprimand I never signed, and the forced signature I was bullied into violated my reputation by stating untrue things and misrepresenting my work, projects, and completed assignments at SHS. I feel that my Lead was taking credit for my work, and I was seen as a threat, so my rights have been violated, misinterpreted, and misapplied as a disciplinary action.

● (Violation of Return to Work 28.24): The bargaining agreement states that “The campus shall make reasonable accommodations by alternative means that will not cause undue hardship to the campus. Such alternative means shall include, but not be limited to, offering the employee any other available position for which the employee is qualified. FML shall not constitute a break in service for length of service and seniority under this Agreement.” My HR department, the union, and my team did not evaluate my accommodation needs fairly and claimed it was an undue hardship to request three days off campus and two days on campus for onboarding. She performs a similar role and function when they give my colleague that work schedule.

● (Violation of 2.20/ Lead Worker Disciplining): As stated by the bargaining agreement (My Lead) should not be responsible for administering discipline or responding to grievances. During my six-month evaluation, my Lead administered discipline like a manager when the Interim AVP was present. In my case, my Lead was misrepresenting my work and what I did on my work assignments to the main Interim AVP to make it appear like she was more credible than me; she abused this power on me and should have never been placed as my Lead. She purposely stated untrue things about my performance so that I could get fired or reprimanded. When I asked for clarification, she used sarcasm and impolitely said I should know this when she never emailed or communicated things. Other times, she would not communicate what she wanted, so she could say, "Ohh, you are mistaken or You did not read my email, " etc. These claims were not valid and led to me getting reprimanded and fired.

● (Return to Work Violation of 9.16 a): I was never given suitable time to finish my Worker's Compensation items, Show all my Improvements, and finish my DPRC requests for reasonable accommodations. I was not given a fair opportunity to prove myself, and I requested HR and Labor Relations support multiple times and was ignored. When this happened, I emailed my Lead and the Director to ask for my Supervisor to be changed due to the circumstances of my complaint. The Director stated she could not do anything, which is not valid, and she left me to suffer and get fired. For some background knowledge, I had a leave of Absence due to surgery in December 2022, and I was being punished for needing emergency medical intervention due to the COVID-19 vaccine. I was also not given my evaluation at the right time due to my Medical Leave. My review should have been in September 2023. I was told my probationary period was extended, and it was not because the motion to fire me was using August as my 11-month mark. Due to being out all December due to Worker's Compensation, DPRC Accommodations, and my Medical Leave. I was also given a written warning that was not true, and I was forced to sign my Performance Evaluation when I disagreed with it. Human Resources, DPRC, and the union failed to respond to my request for help, and I was fired due to the union's inability to represent me. HR and the Interim Supervisor are trying to claim it is legal by stating it is performance-related when what I was going through was not a performance issue. However, I feel I was fired for requesting medical accommodations and Worker's Compensation.

● (Violation of 7.4/ Unauthorized Position Description Altering): I was never provided copies from the Interim AVP or from my Lead on how my position description is to be altered, and I was forced to change my manager on my original PD because my Supervisor threatened my job if I didn't do it. I was also forced to change three other employee job descriptions under this threat. When I provided her with the changed manager PD, she never offered me a copy of my PD before finalizing it, so the altered PD is null and void.

I request a thorough investigation into these grievances by the established procedures outlined in the CSU bargaining agreement. A fair review will reveal the improper handling of my case and the infringement upon my employment rights. I request an opportunity to meet in person or virtually to discuss these concerns further and provide any additional information or documentation necessary to support my complaints and grievances. My grievances and complaints were improperly handled at the informal level 1 or the appropriate Administrator Level. I am confident that through this process, the unjust nature of my termination will be recognized, and appropriate remedial actions will be taken.
I trust that the Office of the Chancellor will uphold the principles of fairness, impartiality, and transparency in addressing this grievance and complaint. I kindly request prompt communication regarding the status and progress of my grievance and any further steps or documentation required from my end. Also, per bargaining agreement procedures, I am allowed to complain and raise my complaint to your office because HR did not adequately handle it or my Academic department.

As a resolution, if you find evidence of wrongdoing, I humbly request to utilize my right of return to Enrollment Management or be immediately reinstated to my old job with a New Supervisor. I also request to be paid for every month I have been left unemployed and for ending my medical benefits due to the ending medical coverage. I urgently need my employment reinstated because it is wrong to terminate someone for chronic pain and Worker's Compensation reasons.
Thank you for your attention to this matter. I look forward to a just resolution to my grievance.

Sincerely,

Megan Gospe
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Megan Prasad
Organizer
Castro Valley, CA

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