Thursday, March 15, 2018

Losing and Winning


Losing and Winning

Imogene Redwine was hired as a special education teacher in the Atlanta Public Schools in 2001.  This was a few years before the Atlanta schools cheating on CRCT[1] assessment tests came to light.  She had a hand in disclosing the scandal, and then she lost.

In 2007 Donell Underdue moved from Connally Elementary to be principal at Brown Middle School where Redwine taught.  Underdue was soon making comments that Redwine read as encouraging teachers to cheat on the tests[2].  The next year Redwine talked about the CRCT pressure to a former Brown Middle School principal and a news investigator.  When Underdue found out, he reassigned her.  She filed a grievance.  She received a poor evaluation because her CRCT scores were not high enough.  Underdue put her on a performance development plan.  She filed another grievance.  She complained to Underdue’s boss about cheating.  She was accused of threatening the assistant principal, which she denied doing.

In 2009 Redwine took FLMA time off for health problems.  Her union told her school officials seemed to be planning to fire her.  When she returned, Underdue assigned her to teach math despite her limited experience in that area.  She objected and filed a grievance.  The following year Underdue gave her a performance evaluation that threatened her teacher’s license.

In 2011 as the State investigated reports of cheating on the 2009 CRCT tests, Underdue was promoted to Executive Director of Schools.  The next year Redwine testified for the prosecution before the grand jury that considered the cheating.  A week later the school system’s legal office said her contract would not be renewed for the following year.  The union intervened, and she received one more renewal.  Then she was out at the end of the 2013-14 school year.

She sued the Atlanta school system, and three years later a jury decided to believe that she had been fired because of her poor performance.  Her whistleblowing and support of investigators were not the cause at all.  After ten years of fighting – including three years in court – she lost.  If my attorney agreement is any indication, Redwine still paid for mediators, court fees, and other costs even if her attoney worked on a contingency fee.  After being fire, she needed months to find even a lower paying job.  Now 62, she will never fully recover financially from her project.

Weak evidence of crime may have contributed to her loss.  She spoke out about cheating, but the problems at Brown Middle School were not as bad as elsewhere in the 2009 testing.  Although she heard about meetings at Underdue’s home to fix tests, she did not witness the cheating.  Underdue skated from one job to another higher up in Atlanta, then Chicago and now Florida. 

But, as in most states, Georgia law doesn’t demand the alleged crime be proven.  Those who retaliate, though, like to claim their accusers had things wrong.  HomeFirst did that in its defense against my complaint.

Unlike the losers, those who win can feel society backs them.  Even if the award is smaller than it should be and you must share it with attorneys, it is easier to feel vindicated when you win.

For those, like Redwine and me, who win nothing, loss can tempt us to regret we ever became whistleblowers.  Dan Bethards lost after he blew a whistle on illegal gun sales by his boss in the Wisconsin Department of Justice.  He lost his job and his house. He lost his case before of the state Court of Appeals.  Given the choice again, he would not blow the whistle, he says.  The organization is just too powerful.

Many whistleblowers who are fired by large organizations engage attorneys.  The attorneys deal with the organization’s lawyers.  Settlement offers are solicited.  Money is offered in exchange for silence.  HomeFirst offered an agreement to me.  I’d be surprised if Atlanta schools didn’t offer one to Redwine to avoid years of legal expenses. 

Whether or not she was offered a settlement, Redwine went the lawsuit route believing she had a case.  My attorney told me I had a case too.  But I didn’t try suing after the settlement disgusted me and the State of California disappointed me.  We make our choices.  Maybe Redwine was more of a fighter than I was.

We whistleblowers also make choices earlier in the game.  We recognize that the organizations we work for are dicey.  They cheat and lie to others, but they pay well.  Well enough, it seems, as long as it lasts.  The thousands of Wells Fargo bankers – and hundreds of whistleblowers – who witnessed the creation of fraudulent customer accounts were well paid.  That’s why they worked at Wells rather than someplace else. 

In 2007 Redwine sensed the corruption of Atlanta Public Schools, but she stayed for the pretty decent salary.  I knew years before I was fired that HomeFirst was ethically sketchy and refused to honestly report its effectiveness.  I knew its CEO was inept and arguably an idiot.  But I stayed because the salary was good enough.

When we see a whistleblower lose, it’s easy to find unfairness in the situation.  Redwine’s courage brought her legal costs, lost wages and emotional stress.  But she also took in several years of income from an organization she knew was corrupt and was targeting her.  I did the same at HomeFirst as did those Wells Fargo bankers.

Organizations like Atlanta public schools, Wisconsin Department of Justice, Wells Fargo, and HomeFirst are guilty of unjust use of power.  But we are not mindless victims.

We won for a while.  Many of us for years.  Then we lost the bets we made.  Weep for us only a little.  Pity more those who never object at all.



[1] Criterion-Referenced Competency Test given to all public school students in Georgia.  The test was used to measure schools’ academic progress as required by the federal No Child Left Behind Act.
[2] By erasing incorrect responses and marking the correct answers.  State investigators would identify cheaters through erasure analyses that exposed the basis for significant improvements in school-wide scores.

No comments:

Post a Comment