maydaymayday
New Member
Hey folks, I sure hope someone is able to assist me in this because it just seems to overwhelming for me to wrap my mind around.
In September of this year I was approved for FMLA by my employer (My mother is terminally ill, originally given til December to live).
I work as a security guard for a large contract security company. I have worked at my last site for about 2 1/2 years and was a shift supervisor.
Last week the computer I was logged into contracted a virus. I initially accepted that it was most likely my own fault. This later changed after I did some investigation.
What I had found was that the computers (which we share but have seperate logins) were already infected by at least 1 and possibly 2 Malware programs that I found pre existing the date of infection that I was being blamed for (I have a Technical Support background and am Certified on Microsoft XP Professional which is the Operating System we use).
On Thursday 11/10/11 I was called to my Site Managers office. While there I presented him and the site supervisor with everything I had found. They did not seem interested in the least in what I had to say, even after I presented to them verifiable proof that there were preexisting malwares on these computers with both date and times when these files were installed (files were time and date stamped at the time of installation by the computers they were installed on).
Anyway, I was told that it was out of their hands and I was to be removed from the site because 'I downloaded' programs which was against both company and client policy. I explained to them that I had never downloaded a program. I never agreed to download a program and my permission was never asked if I wanted to download a program. I insisted that it was more than possible that the malware ALREADY INSTALLED on the computer was the culprit and that they should be checking to see who worked during the dates and times I gave them rather than removing me from the site.
My issue is although I have been removed from the site, I have not been terminated. My worries are that they will.
First off, because I was able to prove beyond a shadow of a doubt that malware preexisted on these computers. I feel that I was wrongly removed from the site and that I may have been targeted because of my FMLA. I also feel like this is the companies M.O. when handling situations such as this (My former supervisor was removed from this site shortly after injuring himself at work).
There also feels like a racial issue at this site. In the past 18 months 9 Caucasian employees have either been removed from the site or left because they felt they were being unfairly treated (not all 9 felt this way, but a majority did). In contrast a single black person has been removed from the site in the same time period.
Employees have witnessed african employees dictating to our site manager what they will and won't do on the site. While employees of caucasian decent are made to follow their duties without question (with the exception of one employee who is a relative to the site supervisor).
Anyway, I know this is a long build up so let's get to the question...
What can I do at this point?
In September of this year I was approved for FMLA by my employer (My mother is terminally ill, originally given til December to live).
I work as a security guard for a large contract security company. I have worked at my last site for about 2 1/2 years and was a shift supervisor.
Last week the computer I was logged into contracted a virus. I initially accepted that it was most likely my own fault. This later changed after I did some investigation.
What I had found was that the computers (which we share but have seperate logins) were already infected by at least 1 and possibly 2 Malware programs that I found pre existing the date of infection that I was being blamed for (I have a Technical Support background and am Certified on Microsoft XP Professional which is the Operating System we use).
On Thursday 11/10/11 I was called to my Site Managers office. While there I presented him and the site supervisor with everything I had found. They did not seem interested in the least in what I had to say, even after I presented to them verifiable proof that there were preexisting malwares on these computers with both date and times when these files were installed (files were time and date stamped at the time of installation by the computers they were installed on).
Anyway, I was told that it was out of their hands and I was to be removed from the site because 'I downloaded' programs which was against both company and client policy. I explained to them that I had never downloaded a program. I never agreed to download a program and my permission was never asked if I wanted to download a program. I insisted that it was more than possible that the malware ALREADY INSTALLED on the computer was the culprit and that they should be checking to see who worked during the dates and times I gave them rather than removing me from the site.
My issue is although I have been removed from the site, I have not been terminated. My worries are that they will.
- Deny me the ability to collect unemployment
- Keep me barely employed by having me run from site to site at a moments notice a few times a week despite my FMLA
- Use my refusal to work a certain day or time without notice as a means to deny unemployment
- Use my removal from the site as a way to usurp the hour and wage protection provided by FMLA
First off, because I was able to prove beyond a shadow of a doubt that malware preexisted on these computers. I feel that I was wrongly removed from the site and that I may have been targeted because of my FMLA. I also feel like this is the companies M.O. when handling situations such as this (My former supervisor was removed from this site shortly after injuring himself at work).
There also feels like a racial issue at this site. In the past 18 months 9 Caucasian employees have either been removed from the site or left because they felt they were being unfairly treated (not all 9 felt this way, but a majority did). In contrast a single black person has been removed from the site in the same time period.
Employees have witnessed african employees dictating to our site manager what they will and won't do on the site. While employees of caucasian decent are made to follow their duties without question (with the exception of one employee who is a relative to the site supervisor).
Anyway, I know this is a long build up so let's get to the question...
What can I do at this point?
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