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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 90453
Experience:  20+ Years of Employment Law Experience
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Hi my name isXXXXX i worked at Carey elementary School

Customer Question

Hi my name isXXXXX i worked at Carey elementary School in the caferteria as a cook on May 23 2013 i had an argument with a co-worker Kirstina Johnson went down town and told Ms linda Elby that she feels threaten. I did text her somethings but at no time did i threaten her Ms Linda came to the school to talk to me but Ms Linda was nasty as we talked to me Linda said that kristina is speacail and she hope that when my daughters have children i better hope that they are healthy Linda pushed a paper in front of me to sign then told me that my last check will be mailed to me Than there is another co-worker Deborah Curry who was a troublemaker for 2 years we all put up with this but Deborah and i was arguing Deborah did threaten me she said that she would mush me in my face the cops came they moved deborah to the lunchroom she is working as a custodian deborah was told not to come in the kitchen until i leave but deborah didn't comply the princpal is a long time friend of hers i was fried is there anything i can do to get my job back thank you for your time Ms Karen Gathers
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Were you an employee working under any union contract?
Customer: replied 1 year ago.

No union contract it was a 10 month contract i didn't work full time i was a part time worker

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Did your 10 month contract state you were at will?

Also, what did you text this person?
Customer: replied 1 year ago.

i text that she was nasty slow and fat but i did not threaten her

Customer: replied 1 year ago.

yes the contract said i will be working at Carey Elementray School


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your updated information.

I am afraid that legally, if you did not have a written contract to the contrary, the employer can terminate you for no reason or any reason at all as long as they did not do so based only because of your age/race/sex/disability and your only recourse is filing for unemployment. In this case, if you dispute the reason for your termination, you would have to pursue that issue through your employer's internal grievance process I am sorry to say. The Department of Labor does not handle these types of issues and the reason the EEOC did not deal with your case is because you had no evidence that this was done only because of your age/race/sex/disability. Thus, this becomes a matter that you have to appeal through your employer's internal dispute process.

Also, if you apply for unemployment, you would need to file an appeal and present your evidence to the unemployment officer that you did not commit any misconduct at work that was sufficient to terminate you for good cause.

I am afraid these are your only legal options in this type of case.



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Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 90453
Experience: 20+ Years of Employment Law Experience
Law Educator, Esq. and 3 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

I had a promblem where as i was threaten but the person is still working at the school what can i do about that

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

The discipline given by an employer to other employees is purely at the discretion of the employer. If you made a complaint for the threats and they moved the employee, they are seen by the court as taking action. The issue involved in this particular case though is not related to the complaint you made against the other employee so this one would be treated independently.

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