Employment Law Questions? Ask an Employment Lawyer.
Hello and thank you for the question. I am sorry to read of this dilemma.
From what you mentioned they would be in breach of the agreement
which is an exception to the employment at will doctrine
The agreement should provide for adminstrative review and appeal process
You want to pursue it and put them on notice of your intent to do so
Practically it often helps having local counsel engage in discussions
which can avoid need for prolonged litigation
That can lead to either a settlement or reconsideration of the decision
Let me know if I can clarify anything
Who would I notice of my intent to do so?
Notice should go to the board. If represented by counsel, then to its counsel.
the notice you received would have that information if in writing
If needed, legal action in state court can enjoin termination where the agreement has been breached
but best to pursue less agressive options initially
I haven't received the notice, they just voted on it last night.
I would await the notice
but you may want to obtain the agreement
if you do not have it
so you can review and line up specific agreement violations
to then include in a responsive letter preferably by counsel
collective bargaining and any other employment agreement you have signed
which would take you outside the employment at will doctrine
Is the answer clear? can I clarify anything else?
Yes. Can I appeal the decision to the board, with the breach of contract identified, or does it have to be with a court order?
With the board initially, and court being a second option
and typically legal counsel would engage in discussions and negotiations
to try to reduce time delay and costs
Do I need to file a complaint with the fair employment department now?
I would wait for the notice
then do so.
and if retaining counsel, preferably by counsel.
which gives your complaint more leverage
What would the categorical complaint be? Is it covered under discrimination, or what?
wishing you best of luck
From what you mentioned it would be a contract breach
Why would I file with them then?
You would only if there was a discriminatory act, such as disability, race, age or gender. Otherwise, proceed with the board and court respectively
This would be a civil action in a state court, under what category?
Breach of contract
would be the designation
but the agreements need to be reviewed
so you can obtain the further legal theories that may be added on.
typically such claims will settle though
often without lawsuit
Does the collective bargaining agreement really matter?
Is it just leverage, but not really enforceable?
It typically will include protections and representations that guard against termination/transfer at will
It needs to be looked at specifically
to make a determination of whether it is supportive, binding, etc.
Can I print this question and answer out? and how.
You can copy and paste, you can log on here and review,
I trust the answer is clear, fast and acceptable. Please click on a positive rating for the answer. Leaving a bonus is always appreciated.
I wish you the best of luck and a quick resolution
If I can clarify anything, of course, ask me
How do I get back to this specific exchange. How does this save & exit work?
When you log back on, it should prompt you back to your questions
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I would copy and paste it for yourself
save it in a word or e-mail document for easy reference
when you have a moment, kindly click on a positive rating - that is how I get credit for the answer.
trying to save it
I dont think there is a saving option, you can log back and check, or can copy and paste by highlighting
either of those work
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I hope I can get bac to it as needed.
You will not have a problem
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No need to worry.
I trust you
very welcome. have a good one.