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TexLaw, Lawyer
Category: Employment Law
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Experience:  Contracts, Wrongful termination and discrimination
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I a supervisor working for the state of Georgia. They sent

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I'm a supervisor working for the state of Georgia. They sent a Air condition contractor down to install an air condition unit on the building I'm work from. The contractor was required in accordance with the contract to dispose of the unit after complection of the air condition installation.  I knew the State DOT policies on dealing with Roadway contractors but i have never had any dealing with maintenance contactor I have never been explain about the policies dealing with building maintence contractors. because anything dealing with the maintenance of a DOT building is handle from a different department. The contractor fininshed the job, cut up the metal from the old unit after the installation was completed. I asked the contractor if I could have some of the metal for my employees fund that the employee created and used the money to send flower to the sick and employees that have death in their family. in addition to having cook outs for the employees during the holidays, he said yes. The metal from the coil of the air conditioner unit was taken to the scrap metal company and sold by my two subornate supervisors. the money was return to me and I put a portion or the money in the employee funds account and distributed the rest to the employees. My secretary and her husband decided they was going to reported this to upper management as if I stole state property and sold it for personal gain. The material and research department launch and investagation. and the decided to demote me three pay grades and took 20% of my salary. Are their any legal action that can be taken to help get my job back and my money. Because I feel I was treated unjustly. The Two subornate supervisors salary was reduced by 5% for 3 months.
Submitted: 5 years ago.
Category: Employment Law
Expert:  TexLaw replied 5 years ago.

I'm sorry to hear about your predicament. Unfortunately, you do not have any cause of action in a court of law currently to take up against the State for the demotion. Technically, while you had not malicious intent, your actions (when you took receipt of the scrap metal) are those of a conversion and breach of duty against the State. As a state employee, you technically owe the state a fiduciary duty and cannot take property in the fashion that you did, even though you are stating that the money was distributed and that you did not due it solely for a personal profit. As a state employee you must be extremely careful in handling any property which belongs to the state, even when the state is throwing that property away.

Accordingly, the State would legally have good cause to take the employment action taken. I'm sorry to say this, because you did not do anything morally wrong really and did not commit any sort of crime, but there is no legal relief available to you. A state employee has a special duty placed on them b the law.

Please let me know if this answers your question or whether you need any clarification.

Best Regards,
Zachary D. Norris
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