Rivera, Fabiola M - David J Duchrow Law Office in Los Angeles, CA

Donna Conlin asked a question

Good Evening,

I know that this is a huge long-shot but I am in desperate need of an attorney. You were recommended to me by Doug Barritt,
so I am truly hoping that you or Law Firm can help me.

Let me start by introducing myself, I am Donna Conlin and I am a Recreation Manager for the City of Agoura Hills. Ihave been with the City for 19 years receiving several promotions. I do not have a performance history of any issues and i have always received outstanding reviews. I am also the proud mother of two amazing children. One of them has a long-standing history special needs. This child had to be placed in a 3 1/2 month partial hospitalization program at UCLA in Feb. of 2015. 1At the time of the City's allegation against me I had recently come back to work, working part-time while on FLMA.

In July of 2015 I was accused of attempted theft and misuse of City funds for enrolling my daughter in our day camp program. When The staff enrolled my daughter in camp our registration software encountered a glitch that left them unable to complete and pay for the transaction. I contacted the software company in attempt to rectify the problem as well as left my credit card up at the front desk for the better part of two days in hopes that the front desk would be able to resolve the issue. The second point of contention came when I was charged a pro-rated fee because my daughter was only attending an hour here or there. It was stated by my superiors that camp is in no way pro-rated. However, I have numerous documentation proving this to be false as I have physical records of other children both last summer and this summer receiving pro-rations for this very same camp.

The week after all of this happened I was called into the Assistant City Managers Office where he threatened to have me hauled away in handcuffs for my attempt to steal. I tried to explain that was not the case but he would hear nothing of it. I received a written reprimand and a one day suspension. I notified the City Manager and filed an appeal to my disciplinary action.

Two weeks after I was accused the stress became too much in my shoulders and my cervical spine (neck) began to bend backwards forming a backwards C. From this, I quickly sustained a substantial cervical herniation that had to be surgically repaired in August, 2015. Unfortunately, I continued to be threatened that if I didn't return to work that I would be deemed a no-show and my employment terminated. I came back two work in pain three or four times only to have to go back out in Dec. for a second cervical fusion as my first surgery was unsuccessful this causing a secondary herniation. I ended up having a two level Cervical fusion with a plate and screws added to my neck for support.

I came back to work three weeks after my 2nd surgery to have some of my larger program areas re-assigned. They had not been started but I was told I needed to be respectful of the efforts of others while I had been out.

After the first day of my hearing I received an email from my accuser, also now my boss, that was sent out to several city employees identifying and notifying me of failure to complete a project. I responded professionally via email to him, our director, personnel, and the Assistant City Manager. The following week I was placed on a 15 week leave for creating a hostile work environment and was escorted out of the building.

After the hearing officer (City hired defense attorney) found me not guilty of attempted theft, misuse of City funds, but did find me guilty of using bad judgement. It was pointed out that an investigation was never really conducted. Plus, I thought it was a tad shocking to see my Director perjure herself under oath.

I was allowed to come back to work in June following the verdict and I was given a letter by the Assistant City Manager saying he found no just cause for my retaliation claim, although he never mentioned that when I was placed on leave. After I received my verdict from the hearing officer I filed yet another appeal to the City Council requesting them to overturn my one guilty verdict.

The City per the recommendation of the City attorney and California Joint Powers Authority hired yet another attorney to walk the City Council through all of the evidence. He began meeting with them in June and I was not allowed to be present. I presented them with back-up paperwork indicating other individuals that were pro-rated for the same program within the same time period. I was told that Council was unable to look at the documents and were only able to make a judgement based on previous testimony.

Therefore, two weeks ago the Agoura Hills City Council agreed on a vote of 4-0 to uphold my guilty verdict of utilizing bad judgement regarding the pro-rations. I have many documents proving that pro-rations were given to many others if requested and for the same programs. Since I came back in June, they have smeared my name through the mud, called me names that I can here from my office, promoted my accuser without ever opening up the position, taken away my ability to supervise full-time staff, demoted me in terms of responsibility & projects, they give me dirty looks, ignore me, and leave me out of most conversations even if it is directly related to my area of responsibility, teased me because of my Add, and told me that my professional recommendations were somehow related to my belief in God, and "this whole religious belief thing I have."

I can't help but think this isn't right. My only recourse now is to file a cilvil appeal for a Rit of Mandate and or possible legal action against them for FMLA Violations, Retaliation , Defamation, and Slander. I have spent everything we have defending myself against a system that I was set up to fail against. I have already served my one day suspension two weeks ago.

This week the Assistant City Manager called me into his office to determine the additional monies he believed I owed the City due to pro-rations. The cost between what I paid and what he thought I owed turned out to be a mere $4.50.

I am tired of being bullied, harassed, defamed. Two weeks ago I was diagnosed with a Hiatal Hernia and Gastritis, a pre-ulcerative condition due to the tremendous stress I'm under. Today, I was just told by my psychiatrist that I am on the verge of a nervous breakdown or a stroke due to my extremely high blood pressure due in large part to stress. I am praying either your firm can assistant me in my case Pro-bono or would consider taking it on a contingency basis. I promise I am a straight arrow who has worked tirelessly my whole life only to be victimized by the same system that was intended to protect me.

I am the main breadwinner for our family. Plus, my job pays the medical benefits that my daughter so desperately needs. I would never do anything to jeopardize my ability to provide for my family. This accusation is all over $4.50 and the fact that while I was on FLMA the City promoted another employee who shared the same position as me to now a position above mine. The City has spent well over $20,000 defending a case that should have not been an issue.

At work I am ostracized, teased, ignored, given impossible deadlines while the guy who sits next to me plays computer games all day. My staff have be reassigned and I am being set up daily to fail or to be the departments scapegoat when something goes wrong.

I have all of the legal memos, proof of my payments, prorations, lots of back-up evidence and would love the opportunity to meet with you or a member of your team. I will also be looking for a good Worker's Comp attorney because my Dr feels it has now become to toxic for my body to handle any longer without risking long term health effects like a stroke.

Sincerely,
Donna Conlin
(818) 687-8842
I can be reached anytime tomorrow.