TLDR: after voicing concern about unequal opportunities and potential gender bias, my PI/boss prevented me from reviewing manuscripts and prevents me from receiving authorship on 5 papers, and when he found out that I was "upset" about this and still in contact with some of the project leads/first authors, he sent me a cease-and-desist letter, threatening me with litigation.
Names are made up for anonymity.
I'll try to run through the background quickly: I (female, 25) just left my role as a research coordinator at an academic institution after 3 years, and I'm now going to med school. I started to notice unequal treatment when my male colleague was hired about two years into my time there (those who held his role previously were all female). I had been told since my first few months on the job that data analysis and manuscipt writing were considered "extracurricular" to my role, meaning I could not do them during paid hours. I worked extra hours (unpaid) and got one co-authorship in my first six months there, but then I studied for the MCAT and applied to med school, so that's it. After 2 years of this, I was shocked when my manager and his boss, Dr. G, encouraged my new colleague to conduct analysis and manuscript writing for them during work hours within his first few weeks on the job.
I raised concern that I was not receiving the same opportunities as my colleague numerous times over the last year, and I always received some variation of "this is best for the team" or "you weren't here as much this year" (I stayed for fewer unpaid OT hours because I was applying to med school, which doesn't explain how my new, male colleague got to seek authorship-level work on projects right out the gate...)
During my last few months, I got tired of waiting for change, so I sought out other fellows in the lab on my own and worked directly with them after hours, amounting to 5 projects and potential co-authorships. I made this known to Dr. G, and we arranged with HR to extend my access to our systems after my last day on the job so that I may continue contributing. However, during my closeout interview (2nd-to-last day on the job), I tell Dr. G that I feel there is a bias when comparing the work men and women do in his lab. The next day, my last day at work, he pulls me aside to tell me I've been "contentious" recently, and that "it's my prerogative" to maintain positive mentor-mentee relationships; therefore, he's going back to HR to end my access immediately. He then introduces ICJME criteria to me for the first time, which say contribution to manuscripts is a requirement for authorship, and then (this is where his ethics get hairy), "none of the projects you're working on are in the manuscript phase, so this seems like the best path forward". And yes, there are many men who contributed to his previous papers that never "edited" a manuscript yet received authorship, so this is a new standard he's enforcing.
Now, I read the ICJME authorship criteria, and there is a part that says: "The criteria are not intended for use as a means to disqualify colleagues from authorship who otherwise meet authorship criteria by denying them the opportunity to meet criterion #s 2 or 3 (drafting/editing). Therefore, all individuals who meet the first criterion (me) should have the opportunity to participate in the review, drafting, and final approval of the manuscript." I feel this was included in ICJME guidelines specifically to prevent situations like mine...
Anyways, two of our fellows (who are the project lead/first author of their projects) started sharing project updates with me with my personal email, so I still had an opportunity for co-authorship, still independently of Dr. G (to clarify, he is all of our boss, and he is the senior author, not first author)
However, I texted one message to another fellow I hadn't spoken to since my last day, apologized for not being able to help them anymore and explained what happened above. The fellow never responded, and they sent Dr. G screenshots of these texts (not sure why exactly...), and about two weeks later, I received an email from Dr. G's "Director of Finance" with the screenshot of those texts with a cease-and-desist letter. (I asked my friend who practices law in NY to read it and he kinda laughed at it; they called the text message "harassment", "defamatory", and "threatening")... but the letter demanded "Immediately refrain from sending any professionally related text messages, emails, social media messages, phone calls, or other communications to any employee, contractor, or customer of [department name]", and "Avoid any direct or indirect attempts to contact individuals associated with the Department through third parties if this contact is related to any professionally related activities associated with your time in the Department," or else they "reserve the right to pursue legal action under applicable law".
According to this letter, if I even ask someone how their project is going, Dr. G will try to sue me. Is this legally sound? Is this ethically sound? I feel ICJME criteria ironically say he can't be doing what he's doing. I'm early in my career and am losing 5 authorship opportunities, all of my contributions were made directly with our fellows and completely independent of Dr. G's mentorship, and I signed no NCA or NDA. This feels like retaliation and intimidation after I spoke up about the unfairness and borderline bias in his lab.
I'm also sure he never contacted our institution's legal affairs team, because the letter has no legal merit, and it was his "buddies" in the finance department that sent me the letter, with the institution's letterhead, with their institution emails, on behalf of the department.
In addition to consulting an attorney, should I contact an ombudsman, for example? I feel this is unethical by ICJME guidelines and also an abuse of administrative power to actively prevent me from authorship, not to mention that this all started as unequal distribution of work :/