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Lawmoe
Lawmoe, Lawyer (JD)
Category: Legal
Satisfied Customers: 2415
Experience:  Lawyer with 19 years of litigation experience in state and federal court systems.
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I have been recommended for termination by my employer, Scottsdale

Customer Question

I have been recommended for termination by my employer, Scottsdale Unified School District. The reasons they have given are not grounded in fact. Do I have any legal recourse?
Submitted: 4 years ago.
Category: Legal
Expert:  Ray replied 4 years ago.
Thanks for your question.Consider lawyer here now.You may yet back them up.I would file EEOC complaint here arguing they have singled you out and treated you disparately.Lawyer may seek to intervene here and change direction this is heading threatening lawsuit for wrongful termination .This is a asap thing if you want to fight and try to save job.
Customer: replied 4 years ago.
Relist: Answer quality.
Expert:  Lawmoe replied 4 years ago.

Thank you for the post.

 

I am afraid that there is nothing that protects individuals from difficult supervisors or employers.

Unfortunately, all employment starts out as employment "at will." That means you may be fired for any reason or no reason or you may quit for any reason or no reason. The only thing that changes the "at will" status is contract and statutes. If you do not have a contract for employment, you have no contractual protections. If you have a union contract, your grievance must be filed through the union to determine if employment termination procedures were followed.

The statutes or the law, only protects against employment decisions that are discriminatory in nature. To be discriminatory, the employer must treat you differently than others based on a suspect class as defined by statutes. They may treat you differently for other reasons not based on the suspect class. For example, they may treat you differently because they do not like you, how you dress or how you part your hair. None of those things involve a suspect class. Suspect classes under state and federal statutes differ slightly, but generally include things such as race, creed, color, religion, sex, age, disability, whistleblower etc..

If you were not treated differently based on such classifications, there is no action that can be taken. If you feel you were treated differently based on a suspect classification, you may file a complaint with the EEOC or Department of Human Rights in your state

I am truly sorry to hear of your troubles.

 

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Customer: replied 4 years ago.
there is an employment agreement in place. they have not followed the procedures in the agreement. they have also used untruthful statements by my supervisor as a basis for the termination recomendation. does this change anything?
Expert:  Lawmoe replied 4 years ago.

I assumed you likely had a union contract. If you do, you must contact your union representative to go through the union grievance procedures. If there is no union contract, and you have an individual employment contract that specifies disciplinary procedures before termination, if terminated, you may sue for a breach of that contract.

 

Suits for a breach of an employment contract, however, are not simple and, too often, the employer holds all the cards if only for the fact that they have a larger war chest with which to pay an attorney.

 

Often, if you believe that a termination is inevitable, you may benefit more from seeking to negotiate a severance package and a neutral reference with regard to future employers.

 

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Lawmoe, Lawyer (JD)
Category: Legal
Satisfied Customers: 2415
Experience: Lawyer with 19 years of litigation experience in state and federal court systems.
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