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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5041
Experience:  Extensive experience representing employees and management
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I was the general manager/administrator of a special district.

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I was the general manager/administrator of a special district. I answer to the board of directors. The board terminated my services without dialogue, or any sort of meeting, no letter, no hearing few days after I laid-off my assistant because of budget constraints (My assistant was appointed by the board to replace my post). I was cut-off instantly off guard without even paying me at the time of termination. It all started because my assistant went directly to the board few month before my termination. Here is the excerpts from an email sent by the vice-chair, "The staff that you supervise has informed this board that you ma have violated many codes of conducts and have abused your power as a supervisor. One of the complaints that we have received was that you retaliated against an employee for coming to the board because of concerns in the office and that you have done so in a form of write-ups and making for a hostile work environment. In addition, there were concerns of the way that the office and the park are run because they felt like you may have violated many state laws." This is just a small portion of what actually transpired for the last six months.In this situation, do I have a case against my assistant for defamation of character and against the board member for not giving me a chance for a hearing?Thank you.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer. I'm sorry to hear about your situation and hope I can help? Are you a government employee?

Was the information that the assistant stated to the board about you false, and if so, can you demonstrate that it was false?
Customer: replied 1 year ago.
A special district employee, governmental agency. The accusation was false. I laid off my assistant because of budget constraint, that was the main reason why she was laid off. The following day I received a notice from the vice-chair regarding a special meeting in two days (holiday weekend).On that meeting, I was no present. The following day after the board meeting, I could no longer get into the office because all the locks were changed and I was already terminated without a hearing.
Expert:  Joseph replied 1 year ago.
Hello Nerissa,

It depends on what governmental agency you were employed by. If you were a state employee then you would be entitled to a hearing before you're terminated (although this could have been conducted in the meeting tthat you were not present at). However, if you're a county employee or local governmental entity employee, then you would be subject to whatever rules and regulations they have for employees, which wouldn't necessarily entitle you to a hearing. If you were entitled to a hearing, then you would have a cause of action against the board for violating your due process rights.

Second, if you can prove that the allegations made by your assistant about you were false then you would have a cause of action for defamation. However, you would either need to know that she has no proof supporting her allegation (such as the alleged write-ups and disciplinary action) or proof that you did not take those actions, such as witnesses who can support you and documentation that you laid of the assistant due to budget constraints.

I hope this information helps.

Happy New Year!
Expert:  Joseph replied 1 year ago.
Please remember to rate my answer positively so I get credit for my work.

Or, if you have any additional questions, please let me know what they are here.
Joseph, Lawyer
Satisfied Customers: 5041
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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