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Cowgirl Lawyer
Cowgirl Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 1422
Experience:  Attorney for 22 years. Labor and Employment. Former Administrative Law Judge.
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I work with a public school system as a school counselor.

Resolved Question:

I work with a public school system as a school counselor. I was offered a better job in a public school system in a neighboring county but I would still be a state employee. The principal of the new school said the only thing needed was a reference from my current principal. I have worked for one year and have never had an employee evaluation. I have never had any meetings with this principal to tell me that I was not doing a good job. The new principal called me and said that my old principal would not recommend me for the job and said if she had to do it over again she would not hire me. Now the county HR office says they cannot hire me with that review even though they know that she did it because she does not want me to leave. What are my rights. I asked for my personnel file today(Thursday) and was told that I could see it next Tuesday.
Submitted: 6 years ago.
Category: Employment Law
Expert:  Cowgirl Lawyer replied 6 years ago.

It might be possible to sue the principal and possibly even your current employer on several different but related grounds, but among them are 1) tortious interference and 2) defamation. Your damages would be the lost wages from the new job.

You really ought to have an in-office consultation with a local employment law attorney to review the entire situation. If you have had no employee evaluations, you would need to consider how you would go about proving that you do your job well. You can review your options for doing this with the attorney, but consider ahead of this consultation who could (and would under oath) vouch for the quality of your work.

It may be that no lawsuit would need to be filed. Sometimes, a letter from an attorney on official letterhead outlining the grounds for a proposed lawsuit is sufficient to educate potential defendants about the error of their ways. Possibly, a letter from an attorney could cause your current principal to re-evalutate the wisdom of this course of action in time to allow you to take the other position.

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Cowgirl Lawyer

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