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if an employer recants a letter, can they fire on grounds of

something in the letter...
if an employer recants a letter, can they fire on grounds of something in the letter
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Answered in 8 minutes by:
7/14/2013
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34,937
Experience: More than 30 years in legal practice.
Verified
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to provide an honest and accurate answer to your question.

Before we begin, a bit more detail would be helpful please.

What is the reason for the non renewal?

Do you believe that the non renewal could be based on illegal discrimination?

Thank you.

JudgeLaw
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Customer reply replied 4 years ago

I haven't been given the reasons yet but they are calling into question fundraising. I have done fundraising correct,y and through through the proper channels. One of the reasons listed in the termination letter was because I held fund raisers after being told not to hold them, however, I was told to not do them anymore after we had started one. I informed the principal once it was done with I would not due anymore and I actually cancelled other fundraising to please the principal. Yes, I believe that there's discrimination against me in this. It's clearly obvious in the termin action letter, this is a personal attack on me. However, supposably the letter has been shredded. I never received an apology for the letter or written statement that it was recanted either.

Customer reply replied 4 years ago

The termination letter is filled with libel and defamation of character and lies which I can prove false. The letter also prevents future employment in the district. The letter was sent to me through email and to other people as well. But, this letter is supposably no longer in my file.


 


I find it hard to believe that just because the letter was recanted, although, I have a copy of it, they can still non renew based on reasons in this letter?

Thank you, XXXXX XXXXX the additional information.

I am sorry to hear of your dilemma.   I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Unfortunately, there is no legal obligation to renew your contract. Your employer would not even need a reason to not renew, absent a provision to the contrary in the contract. The letter is not really relevant.

However, if you are being discriminated against due to age, race, gender, religion, national origin, etc. you may have a claim against the employer.

If you believe that the reason given is a pretext for an illegal reason, you can file a claim with the EEOC at www.eeoc.com. They will investigate on your behalf at no cost to you and, if they find a cause for a civil rights violation you will get a right to sue letter which will make your case very attractive to a private attorney.

There may also be a claim for defamation if the letter was published or disclosed to others. This cause of action is specifically for damage caused to one's reputation. To establish a prima facie case of defamation, four elements are generally required:

1. a false statement purporting to be fact concerning another person or entity;

2. publication or communication of that statement to a third person;

3. fault on the part of the person making the statement amounting to intent or at least negligence; and,

4. some harm caused to the person or entity who is the subject of the statement.

This involves complex litigation and it is strongly advised that you retain local counsel to assist you in protecting your rights before taking any action in this matter.

If you need assistance in finding an attorney, contact your state or local bar association. You can also try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database of attorneys searchable by location and specialty.

It has been my privilege to assist you. Let me know if you need further assistance.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

JudgeLaw
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Customer reply replied 4 years ago

per the school board policy, they must provide me with a written reasons for non-renewal. So when I get that and its reasons listed in this letter. What constitutes communicating the letter to a third person? is administration covered cause he sent to all administration. is it your belief that I can pursue a lawsuit based on discrimination because in the termination letter it states accusations of improper student employee relations and those are the principals opinions and false? I have responses from the two kids as well as parents that they are false. His letter also states that I should be removed from substitute teaching and employment. I have applied for positions within the district, what if I don't get hired or an interview. I am getting royally screwed and my reputation murdered as a 26 year old young teacher coach and this could ruin my career


 

Thank you for the additional information.

If the principal knew the allegations in the letter were not true and still communicated them to the board the you could have the basis for a defamation lawsuit if the prima facie case I described was met.

Discrimination is a separate matter and would require adverse action being taken due to your race, religion, gender, etc. Basically, it is your membership in a protected class which makes the adverse employment decision illegal.

I hope this clarifies the answer.

Thank you.

JudgeLaw
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34,937
Experience: More than 30 years in legal practice.
Verified
Loren and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):  http://www.justanswer.com/law/expert-JudgeLaw/
   

Best wishes and good luck to you.

If it is not too much trouble, Travis, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.
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Customer reply replied 4 years ago

Are you still there to help me with something?

yes.
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Customer reply replied 4 years ago

Can you please explain to me one more time the process of "recanting" or withdrawing a letter of termination in MN?

Hello Travis.

I do not know of any "official" process for recanting or withdrawing a letter of termination. It is just a matter of writing a statement stating the termination is hereby withdrawn and the employee is reinstated.

Nothing else need be required unless your district has its own internal policy. I would not be surprised if the board approval was required.

I hope this is helpful.

JudgeLaw
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

Would I need to get a copy of that letter since I am the employee who was terminated? What happens if there is no letter, then the termination letter remains in effect. Supposedly the letter was just thrown away and is not in my file but I have a copy of it in electronic format and print?

You would want a copy of the letter which recanted the termination in case the termination letter turns up somewhere. If you have an electronic copy then others probably have it, as well.

Just to be safe, have a copy of the letter with the words "Recanted and Withdrawn" signed by the principal and dated.

That will protect you.

Thank you.

JudgeLaw
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

Thats what I thought. So if the principal refuses to write that letter even though the letter was recanted then as far as I know the letter still exists, correct.


 


 

Since you were terminated in writing, I would want to see it recanted in writing just to be safe.

Thank you.

JudgeLaw
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Loren
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34,937
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