"Defamation
Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.
Defamation may be a criminal or civil charge. It encompasses both written statements, known as libel, and spoken statements, called slander."
Mr. ** *******,
Two things, first, I talked too two different Union Representatives, both of which confirmed that ALL Team Lead positions are PAID, I am guessing but you decided to play word games and state that this position was not paid in an attempt to discourage me from proceeding to a legal option. Second, it is obvious that you have been biased on the side of the Security Department Leadership, as you are Human Resources, this in turn gives the appearance that Human Resources, and by extension, UF Health Jacksonville condoned the actions of said Security Department Leadership, I suggested to you prior to the last face to face meeting with you that you should have a representative from legal present to listen in and provide legal advice, you brushed the idea off.
You also stated that if I was to e-mail a complaint to legal, they would only forward the complaint back to you to handle, this hints at a threat, let me explain, your comment hinted that no matter who I filed the complaint with, it would be returned to you and you would continue to take the side of the Security Department Leadership and all rulings would continue to be against me, again, I feel, in an attempt to scare me off and to continue to shield the Security Department Leadership from having to accept that they were wrong in this case, as you will read below, their position is not only wrong, but will exposed themselves, UF Health Jax, and yourself to civil, and possibly criminal, liabilities, the original incident WAS reported to Human Resources, and in that complaint, there wasn't just wrong doing reported, but, ILLEGAL wrong doing, a crime had been committed and reported, you were the person to respond and you again scoffed at the incident.
"If it were management would have documented any infractions on anyone’s part and held everyone accountable." (From your last email.) Thank you Mr. ******* for confirming that I was the only person to receive any action, I just happen to have a COPY of the very form they had me sign and return to Supervisor ******** ****** that contradicts this very statement. This has not only been held against me for the Team Lead assignment, but also my performance review.
"The FWA’s third clause prohibits retaliation against an employee who “[o]bjected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation.” Fla. Stat. § 448.102(3)."
Elements to Establish a Case of Retaliation
To establish a prima facie case of retaliation under the FWA, the employee must prove:
he or she engaged in statutorily protected activity;
"from: Watson, Doyle <Doyle.Watson@jax.ufl.edu>
to: "human-resources@ufl.edu" <human-resources@ufl.edu>
date: Oct 3, 2020, 12:27 AM
subject: Unfairly Disciplined?
mailed-by: jax.ufl.edu
security: Standard encryption (TLS) Learn more
To whom it may concern,
I feel I unfairly received a disciplinary action for an incident that took place on September 23, 2020 which was against policy. That day I was dispatched to COU, (Close Observation Unit), with two other Officers, for the purposes of escorting a DISCHARGED patient that was upset off the campus. I utilized de-escalation techniques two times (which succeeded both times and medical personnel re-aggravated the situation both times), in an attempt to calm the person down so we were able to complete the escort. During this process, the supervisor grabbed the subject, (who was a DISCHARGED patient), with no direction from medical staff to do so. We are NOT Law Enforcement Officers, per policy, we may NOT go hands on with anyone without first receiving directions to do so by medical staff, we are especially not authorized to detain non-patients or place our hands on them, on-site JSO is supposed to be called, and if they are unavailable, then security dispatch is suppose to contact JSO non-emergency and have Law Enforcement Officers respond. To do so places the Officers and the University at risk for criminal and civil complaints being filed against us.
Since I did not go hands on, Mr. *.*. ****** insisted we file a statement via Supervisor ****** in an email explaining why we did not follow appropriate TEAM training techniques and also place our hands on the subject when the Supervisor did.
We were then subjected to a "debriefing" which was more of verbal reprimand then a debriefing where we were told that we had a choice, go to refresher training or receive a write up.
I have hence received a write up because I was unable to make the refresher training. I feel I should NOT be receiving any kind of disciplinary action since I followed policy which states we are not permitted to use force against patients and non-patients without first receiving directions to do so from medical personnel.
I apologize, but, we are not Law Enforcement Officers and we do not have the authority to detain anyone, especially with force.
Thank you for your time, Doyle Watson."
he or she suffered an adverse employment action;
"*****, ****
Wed 12/8/2021 8:00 AM
Watson, Doyle
*******, **
Good afternoon Officer Watson,
As a follow-up to our meeting on last Thursday, December 2, 2021, regarding the assignment as a Team Lead for the second shift I wanted to share my perspective. During our meeting you stated that Mr. ******, Security Operations Manager disseminated a memo requesting officers interested in being a Team Lead should submit their names to him, and that the memo outlined the qualifications for the assignment. You also stated when you attempted to speak with Mr. ******, he didn’t allow time for a discussion.
The most significant issues you discussed with me was that Mr. ****** didn’t want to add more stress to you due to your health issues. Let me say, I do not think any health issues you may be experiencing have prevented you from performing your duties as a security officer, whether working in dispatch or a post assignment in the clinical center. And your health issues are not a factor you were not selected to serve as a Team Leader during Supervisor ******’s absence. The assignment to Team Leader is at the discretion of management, as this is not a position but an assignment.
The concern I have is related to your ability to accept constructive feedback, and my comment is based on my knowledge of a meeting you had with Mr. ****** and Supervisor ****** regarding the handling of a patient restraint incident. During this debriefing, they were attempting to explain what could have been done better and you were combative and unwilling to consider their point of view. In an effort to improve our performance we all have to be willing to accept constructive feedback, and articulate our point of view in a non-confrontational manner. The Team Leader also has to be willing to acknowledge when they are not correct when handling an incident. Officer Watson, you are a valuable member of the security department and your dedication to serving this organization is not in question. However, I support Mr. ******’s decision, but for the reasons I stated in this communication.
**** *****, MPA
Director of Security and Parking
Uf Health Jacksonville
Office – (904) – 244-4627
Cell – (904) – 566-5671
cid:image001.png@01D1C266.CAA838D0"
and
the statutorily protected activity caused the adverse employment action.
"*******, **
Wed 12/29/2021, 4:12 PM
Watson, Doyle
Mr. Watson,
I had a chance to look into the concerns you brought forth last week in our follow up. Unfortunately at this time, management has made the decision to not move forward with you in the team lead position. As for the meeting you had with Mr. ****** and Supervisor ****** on the alleged patient assist incident, this incident was not held against you. If it were management would have documented any infractions on anyone’s part and held everyone accountable. Since this was not the case, the incident seems to be brought up by Mr. ***** to describe management’s view of your ability to accept constructive feedback. In addition, selection of Lead Officers is outlined in the Collective Bargaining Agreement CBA under:
Article 3: Lead Officers
Section 2. The employer shall have the sole discretion to decide to use, and to select and assign Lead Officers but will consider officers that express interest in being a Lead Officer.
Ultimately, this is a management right to select the person they feel will be best suited for the role. By management speaking with you and providing feedback, they have considered your express interest in being a Lead Officer.
******* ******* **
Employee/Labor Relations Specialist
UF Health Jacksonville
Office: (904) 244-9665¦Fax: (904) 244-9668
**.*******@jax.ufl.edu
UFHealth_email"
Sierminski v. Transouth Fin. Corp., 216 F.3d 945, 950 (11th Cir. 2000).
Mr. *****,
"patient restraint incident", Sir, is this what Mr. ****** and Supervisor ****** told you? A Manager who wasn't present and a Supervisor who actually committed a criminal offense. Sir, this was not a "patient restraint incident", your Supervisor committed a battery during this incident and attempted to escalate it to a false imprisonment charge because she placed her hands on a non-patient, it was not a patient restraint, but an escort off property of a patient that had been discharge and the medical staff refused to rescind and insisted on his removal.
"we all have to be willing to accept constructive feedback", "The Team Leader also has to be willing to acknowledge when they are not correct when handling an incident." Shouldn't this include your Managers and Supervisors?
Sir, I can appreciate your position in this, and I have absolutely no problem accepting responsibility for any of my actions, good or bad, and have done so numerous times, I have on more then one occasion even accepted responsibility for other officer's actions. When I receive criticism for my actions, I have no issue when it's criticism for activities when I'm actually wrong or if there was a better way to handle something. Mr. ****** attempted to "bully" the officers in this so called "debriefing" in an attempt to re-assign blame by insisting that we failed to follow a Team Training directive which states that if one officer goes hands on then all officers must go hands on, however, as already stated, this DOES NOT nor SHOULD it include the illegal application of force! Mr. ******'s action appear to be calculated to shield and protect Supervisor ****** ******'s illegal actions giving little thought to any future consequences if it comes out. You need to realize right now, that ALL reports written concerning this incident agree that this was a DISCHARGED PATIENT! You may want to discuss this issue with Supervisor ****** and ask her exactly what was her plan IF all the officers had gone hands on since medical staff is the only ones who can apply restraint devices and they were the ones INSISTING upon his removal, you may find she doesn't actually have an answer for you. If this is the only issue you are holding against me, an issue over a year ago, may I ask why it's being held against me in the first place? Even the US Military does not require their personnel to follow unlawful orders and commit a crime, however, apparently your manager and supervisor do as does the procedures of this department. May I ask, sir, do you support this? If you don't sir, how would you suggest I handle it. Go to the States Attorney's Officer and file a criminal complaint? Now it's probably a little late for this incident, however, I am asking for future actions and if you support the requirement of committing a crime based on departmental Team Training directives, I would like to have it in writing.
Mr. *****, if this is the information you received as it concerned this incident, your manager and supervisor was less then honest with you, I apologize, but your supervisor doesn't respond to enough patient assists with me to be able to make an informed decision about my actions during them, and I have no issue surveying and backing my claim up with other officers, added to this, if you haven't been able to determine, I do not respond well to inappropriate actions which are directed at me, I take a stand against them and for you to state that I should sit back and accept "constructive criticism" based on a less then honest version from a supervisor is inappropriate and wrong, I will continue to defend myself, I was not confrontational and combative, these words seem to be getting used because I pointed out that your supervisor was wrong and had committed a crime with her actions, during a debrief where your manager specifically asked me and refused to allow me to present my entire position, and it isn't right to attempt to force your officers to commit a crime!
I apologize but as a final note, it doesn't appear that I am going to receive a fair "ruling" in this case from either the Director, or HR, as all parties can only respond to and use an issue which was based on a less the honest representation from a supervisor and/or manager, I am forced to consider proceeding to the next step as this email outlines.
Thank you for everyone's time, however, as everyone that receives this email can see that there is a serious breakdown in the way certain complaints are handled, I apologize up front, I do not feel there is any way to come to a solution since for some reason the Security Department Leaderships has chosen to take such a hard line with this assignment, an assignment they posted for all officers who were qualified and met posted requirements were "encouraged" to submit their names for, little did I know that they were only seeking someone other then myself.
I must also state for the record, any further face to face meetings surrounding this issue need to be recorded as there is NO WAY I will continue to subject myself to they said, I said. My health has been seriously deteriorating of late, the stress surrounding this and other work related issues has been causing serious problems for my sleep, diabetes, and heart issues. The heart issues are further compounded by a medication issue that was the fault of my cardiologist which I will be trying to get solved by being admitted to the hospital at the end of this month.
And one more email as a final note;
"from: Watson, Doyle <Doyle.Watson@jax.ufl.edu>
to: "*****, ****" <****.*****@jax.ufl.edu>
date: Dec 3, 2021, 2:57 AM
subject: E-Mails
mailed-by: jax.ufl.edu
security: Standard encryption (TLS) Learn more
Sir,
I have searched all e-mail sources that I have access to and have been unable to find those e-mails as the originals were sent and received too many months ago to still be visible and would now be archived. I also would not have saved them like I do any reports that I write or any other documents that could have future legal implications because they were in reference to something I wouldn't have figured would turn in to an issue as I trusted the organization to follow through with their posting.
A Manager had posted the requirements and qualifications to the entire department which I had read, thought over, and then made the decision to submit my name for as I had met all those requirements and qualifications and felt there wouldn't be any issues handling the position's responsibilities as it concerned my health. A number of officers had even approached me prior to the closing date of the position and tried to talk me in to submitting my name and I discovered later that mine with two other names had been suggested for the post.
I apologize, however, if I had known that the Management had no intention of following through and rendering a fair decision based on just the requirements and qualifications posted, but instead, rendered a decision based on something not listed and/or not admitted to which apparently "disqualified" me for the position, I would not have put myself through all this grief.
I do understand that management can make decisions on who they want as a team lead, however, if that was truly the case then management should have originally gone that route instead of posting those requirements and qualifications to everyone giving the appearance of being "fair" only to actually refuse to "fairly" follow through and making the choice based on the submitted names.
Doyle Watson (UF Security Officer 201)"
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End of report.
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PS: (FWA=Florida Whistleblower's Act.)
