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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Hello. I have used another lawyer in your group for tenant

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Hello. I have used another lawyer in your group for tenant issues with good results. But I have another problem. I work as a speech pathologist for a school district. Recently, I was told my contract would not be renewed at the end of my second year. The complaints against me are bogus, and have more to do with their tendency to let people go rather than give them continuing contracts after a probationary period. This affects my reputation and employability! I wonder about suing them for professional damages of some kind, or at least to gain vindication.

Lynn XXXX
Hello Lynn,.

I'm sorry to hear about your situation and hope I can help.

Unfortunately, as a probationary employee, you have the same rights as an at-will employee, which are basically none.

Since you are not yet represented by the union, you can be termianted at any time for any reason with or without any prior notice.

This stems from the employment at-will doctrine, which is codified in california Labor Code Section 2922, and states:

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."

However, if you can prove that the comments made against you were
false and can determine who made the comments, you can file suit against
that person for defamation for making false and damaging comments about
you that caused you to lose your job.
(Still, this is a very difficult cause of action to prove, since you would need
to actually prove the comments were made as a factual statements and are ojbectively false. If they were only opnions you wouldn't be able to sue on that basis).

Additionally, if the school district makes damaging comments about you that cause you to lose prospective employment, you would have a cause of aciton against them for defamation as well.

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you, Joseph


 


I pretty much anticipated that answer. By the way, I do belong to the union but they told me the same thing. Rights start with tenure. Meantime, I have been assured of a good reference and referred to the district head of personnel who will advise me about how to frame an answer to, "Why did you leave your last employment."

Thank you.

Happy to help and best of luck!