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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Hello, My name isXXXXX am a Deputy probation Officer

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My name isXXXXX am a Deputy probation Officer for LA County Probation. I was set up by two minors in one of our juvenile camps who unfortunately escaped. I am now up for a hearing on October 4th and could face a suspension. That's fine. However I am up for a promotion and there is a possibility they could take my promotion away from me. I have 19 years in the department and have never had a discipline problem. My concern is my promotion. I have been waiting a long time for. What should I do? Do I have a case?

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

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

I'm not sure what you mean by do you have a case? A case for what, against whom?

Against the probation department if you're denied the promotion?

What were you set up for?

Customer: replied 3 years ago.

Did u receive my reply regarding more information.

No; I didn't receive anything.
Customer: replied 3 years ago.

Ok, let me try again. It was a big paragraph I sent. On Aug 28th I was working the front office which includes answer the phones, buzzing of the door for in and out people and watching the field to make sure nothing happens and is safe. Two minors were sent up to see the supervisor. Once they were seen my sup said they could stay up a few minutes before going back down for bed. One minor sitting next to me distracted me while the other minor crept to the front door. I noticed that minor was gone so I went down the hallway to check for about 3 secs upon returning other minor was also gone. obviously he buzzed the door open and ran out so both can escape. Both minors were apprehended the next morning. They want to discipline me with a possible suspension. I have a hearing Oct 4th. Suspension I can handle but I accepted a promotion and I don't want them to take that from me and is a possibility they may. That is my main concern. I want my promotion. I have 19 yrs in the dept and never had a discipline problem.

Hello Edward,

I'm still unsure what you mean by do you have a case?

Are you asking if you'd have a case if you're denied the promotion? Or they take it away from you?

Against the department of probation?
Customer: replied 3 years ago.

Yes. That is my concern. Do I have a case if the probation dept. takes away my promotion being that I already accepted the position already? Can they take away my promotion?

Thanks for the additional information. I'll get back to you shortly.
Customer: replied 3 years ago.

So you will reply on this page in a few minutes?

Hello Edward,

In order to take the promotion from you that you have accepted, you would be entitled to a Skelly hearing as a member of a union. That means that the probation department would have to inform you in advance of the proposed discipline.

You would then have the opportunity to present evidence on your behalf demonstrating that you should be allowed to keep your promotion, if they were proposing that they would be taking your promotion away as a disciplinary measure.

If the promotion is taken away from you, you could also file a grievance with your union against your employer to get the promotion back. It certainly doesn’t seem like you being set up by two minors is sufficient cause for them to deny you the promotion after 19 years of service with no disciplinary record.

Those would be your legal resources, since there’s nothing in your statements to suggest that you are being discriminated against due to a protected characteristic (such as race, gender, national origin, or ethnicity), which would give rise to discrimination cause of action.

However, since the only proposed discipline at this time appears to be a suspension, you really don’t seem to have anything to worry about in getting your promotion revoked.

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

Customer: replied 3 years ago.

Ok Joseph,
Thank you and I am printing your responses for my records. My union rep says I don't need a lawyer in this case however I have never gone through this before. My uncle who works with me and is also a supervisor informed me I should at least talk to a lawyer which I did with you. If it comes down to it can I call upon you for more advice? Even a representation for me if may come to that? A phone number?

Hello Edward,

No, unfortunately, I cannot give you my personal contact information since that would violate the site rules that prohibit experts from contacting customers outside of the site.

Thank you for thinking about me representing you though.

Your union representative is right. They will provide you with representation and you don't need outside legal counsel.
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