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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41220
Experience:  I provide employment and discrimination law advice in my own practice.
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I was wrongfully convicted of insubordination and fired

Customer Question

I was wrongfully convicted of insubordination and fired without prior warnings
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
I am a faculty at the university..and chair of the department. I gave an exam and took questions from the book which the publisher provides. I did not know the book was illegally also on line. I was said that is plagiarism (. No it is not. It was from the instruction resources of the book provided by a publisher). I am teaching since 2005 and all faculties do it. Any case I was asked to step down as chair to a professor . First I argued but then sighed. I sent email out to faculty that I am stepping down to a professor position. The Dean who had signed the document immediately emailed that no it is associate professor. To that I replied strongly saying is incorrect since I have the signed document. She makes up it as clerical error but how come the salary stated was for a professor. In any case I argued with her on this on which they terminated be as bein insubordinate and unprofessional.
Customer: replied 1 year ago.
there is no insubordinate policy in place...unless they make one now...it is a new university.
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

That sounds quite strange. How long was this conflict occurring? I am presuming you had no tenure, correct? In any case, what can I best assist you with, what is your question?

Customer: replied 1 year ago.
Lol..do I have a, case..were do I go...small claim..Can you fight the case or right a letter ..I will pay
Customer: replied 1 year ago.
If I take the very small severance do I lose suing probability
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

My apologies but I cannot represent you off-site. That would be a violation of site rules and a violation of my state bar requirements.

As far as a 'case', if you are not under tenure and the termination was not based on factors such as your age, gender, race, religion, national origin, creed, sexual orientation, or disability if any, you are technically 'at will' and you can be terminated without cause and without advance notice. You are only entitled to 'warnings' if your employee handbook so states.

Now, having said that, I do not quite see 'insubordination' as a valid basis for termination, but if you refused to stop arguing and it affected your work, the school might be able to argue that the termination is valid. But I really do not see it as legitimate purely going by your facts.

This permits you to contact the state unemployment agency and file for unemployment, but I do not see small claims as a value venue.

Sincerely,

Dimitry, Esq.

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