indicates that such cases should be handled by the university's progressive discipline procedure. Asstated on page 57, "UAB will work with an employee through a 'progressive disciplinary' process,which means that the least severe level of discipline applicable to the situation will be exploredbefore invoking more harsh levels of discipline."UAB policy further states: "The first step in most disciplinary actions is oral warning." Nothing thatwas said in the May 7 meeting, or given to me in writing, indicates that I was ever given an oralwarning regarding the three allegations made against me. The facts as I present them here will show that no discipline of any kind was merited in this case.Imposition of administrative leave and then immediate termination is clearly contrary to UAB policy.
B. Immediate Termination
Under UAB policy, an employee is to face immediate termination only under specific circumstances.The university handbook lists such offenses as stealing, fighting, drunkenness etc. The allegations in this case, even if they were true and represented violations of university policy,would not merit immediate termination. Given that these allegations are not true and do notrepresent policy violations, immediate termination of a 19-year employee is beyond comprehension.
C. The Grievance Process
I filed a complaint against my supervisor, Pam Powell, on April 23 or 24, 2008. On that same date, Imet with Associate Vice President Dale Turnbough to discuss my concerns regarding Pam'ssupervision. This came after about a five-month period where Pam had consistently harassed meand made numerous false statements, both verbally and in writing, regarding my work performanceand behavior. Ms. Turnbough seemed to take my concerns seriously and indicated she would talk with Pam aboutthem. Ms. Turnbough gave no indication that she had any problems with my work performance or behavior. In fact, when I brought up my blog, she assured me that was not a concern. What happened as a result of my meeting with Dale Turnbough and the grievance I filed with PamPowell? In roughly three weeks time, I was terminated. My grievance against Pam Powell still hasnot been heard. UAB policy states that an employee can resort to the process without fear of penalty. In my case, Iwas terminated in clear retaliation for filing a grievance. II Allegations Against Me Prior to my termination, I was never given a written explanation of the allegations against me. Evenin Dale Turnbough's letter informing me of my termination, she does not cite a single university or departmental policy that I allegedly violated. Here is my best guess as to the charges against me:
A. Neglect of Duty
All of my projects over the past several months are being handled in a timely and professionalmanner, so this claim makes no sense. My performance appraisals from my supervisor, Pam Powell, have always been positive. The mostrecent one came, I believe, in November 2007. That causes this claim to make even less sense. Pam Powell evidently has created a criterion called "non work related (NWR) time" and used this to