In August of 2020 I blew the whistle on the lies and COVID corruption in Hawaii. This was swiftly followed by retaliation and subsequent removal from my position.
I have been working through the grievance process with the union since May 2021.
Department of Health leadership cited social media as the justification to discharge me from my position in May 2021, specifically this post:
Along with the post I added this meme, which clearly struck a nerve:
They claimed I was making statements which contradicted the position of the Hawaii Department of Health (HDOH) and disparaged them.
They are now claiming I published protected health information (PHI) in posts/comments I made on LinkedIn; however, as you can see, nothing I stated is defined as PHI. Here is what is defined as PHI:
Ongoing Threats and Intimidation by the state of Hawaii
I am now going to arbitration for the union grievance next week. The HDOH continues to retaliate against me with threats and intimidation tactics. They offered a settlement but it was insulting. They will only agree to a global settlement, meaning they will only settle if I agree to dismiss both the grievance and the lawsuit.
They are refusing to allow this hearing to take place via video conferencing even though the step 1 and step 2 of the process were held in that manner. They are requiring me to testify in person, causing me to incur massive debt in travel expenses since I now live in Texas. Costs are estimated at between $5000 and $7000. They have already stated they will not reimburse me for travel costs associated with the hearing. I have been out of work for over two years now as I have been unable to find another position in my field during that time.
They are doubling down on the intimidation tactics. Most troubling is that they claim government employees don't have first amendment rights: "They are claiming Dr. Smith was disruptive in the workplace, inappropriately accessed DOH databases, posted confidential information on social media and that her social media posts weren’t protected by the First Amendment when using a balancing test measuring Dr. Smith, as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees."
Freedom of speech, also called free speech, means the free and public expression of opinions without censorship, interference and restraint by the government.
The attorney general also stated: "The inappropriate and/or unauthorized work-related public statements Ms. Smith posted to her LinkedIn page and her other workplace and work-related behaviors justify the department’s decision to discharge her."
These types of threats are hallmarks of totalitarian regimes where if you speak out against the government you will be fined, fired and/or thrown in jail.
Most importantly, they are trying to make this about COVID misinformation instead of the fact that they violated my rights to due process under the collective bargaining agreement.
"I also predict that Ms. Smith's COVID-19 positions and behaviors will not be received well by the arbitrator, a court of law, or the general public in Hawai`i (should the media continue to report on the lawsuit through public filings and court hearings). If this matter goes to arbitration, the fact that Ms. Smith was not hired by the department as an expert in virology will also bear itself out and she will have to testify after and opposite three distinguished experts in public medicine and COVID-19 related matters, in doctors Kemble, Char and Desmond, as well as other esteemed DOH professionals."
Why would any health department not be interested in utilizing a virologist for their expertise during a virus pandemic for which the virologist has key expertise on? The silencing, censoring and sidelining of subject matter experts is a key reason people have a great mistrust in the government and public health agencies.
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Good luck Jennifer! They know they are wrong, they know they were caught, hence the bullying tactics.
Sorry to hear this Jennifer. The easiest thing they could do is back down and say they were wrong. This probably would change the entire atmosphere. But instead they double down and now say they have “distinguished experts” that will evaluate you. Basically it means “Jennifer doesn’t agree with us therefore we are justified in whatever decision we make.”
We went to Hawaii for vacation in 2021 and let me tell you that it was absolutely absurd most of the policies we had to comply with as a tourist and customer. I would go so far to say we might as well be operating under superstition and magic. There’s not a single policy justified by “science.” Their concern is not for people, but maintenance of powers they will not release.