How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ray Your Own Question
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 36398
Experience:  30 years in Employment law
Type Your Employment Law Question Here...
Ray is online now
A new question is answered every 9 seconds

I work for a public school system, and do not hold a teaching

Customer Question

i work for a public school system, and do not hold a teaching certificate. The job for which I was hired did not require it. our whole work unit was abolished in the budget beginning July 1, and six of the positions (mine included) were abolished with the old unit and CREATED in the new unit. I was told in November that the abolishment was no fault of my own, there are changes in the system, and that I would be required to apply for the job in the new unit. I was told by my union that there was no problem with my performance that they were aware of. At the very last resort, they would fight for a placement and retain my salary for a year if I couldn't "find" a job in the system. For the past three or four months as word spread through the system, I've gotten all kinds of sympathy looks and vague "I'll miss you" messages - but the leadership as assured me I don't have any problems. I turned down a job outside of the system because of these assurances. The job that is my equivalent was just advertised on April 22 - but with some new preferences (certification and language), and some school based skills that were not a part of my original hiring requirements. I have applied for the job, but I am nervous about it now that I have heard that so many other people with the language and certification credentials are also applying.
Do I have any rights at all in this matter? I have also heard that the Union isn't required to help me with placement because I do not have a teaching certificate. I've been at employer for almost 4 years, and have long term government experience, where usually there are rules around seniority. I do not believe that I have been dealt with fairly by the employer or the union. The waiting is and has been interminable.
Submitted: 6 months ago.
Category: Employment Law
Expert:  Ray replied 6 months ago.
Hi and welcome to JA. Ray here to help you today. Your best option here may be to file with EEOC claiming discrimination.There may well be subtle discrimination involved in this whole process.They may be trying to get tird of you based on age, sex, or race. EEOC investigates and this may force them to hire you and keep you employed.You may also be entitled to damages and legal fees.If they do not rehire you a second complaint claiming retaliation would be the next step. If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information, youcan file a Charge of Discrimination. All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect theaggrieved person's identity. This whole process seems subtle way to get rid of you perhaps because of age or sex and replace you with a younger or different employee. I appreciate the chance to help you today.Thanks again and I hope you pursue this matter.
Expert:  Ray replied 6 months ago.
Reference The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age.The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing,promotion, layoff, compensation, benefits, job assignments, and training. The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older.
Expert:  Ray replied 6 months ago.
Sex Discrimination & Work SituationsThe law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. Try to add all the categories that you can claim here in order to maximize your chance of success.
Expert:  Ray replied 6 months ago.
You also might want to consider a local employment lawyer to force them to hire you here and keep your job.This sure smells bad here when others are telling you good bye ahead of time.Really suspicious of their motives.You can copy the union with your EEOC complaint. I wish you the best here, I know this is frustrating.

Related Employment Law Questions