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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 33738
Experience:  Employment Law Expert
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I have been placed on Administrative Leave by the school district

Customer Question

I have been placed on Administrative Leave by the school district that employs me as a Teachers Aide, with full benefits and a contract. This school district is located in AZ, which is a right to work state. If I am terminated at the upcoming hearing, held by the Board of Supervisors, do I have any recourse? The allegations made by the school I worked for are untrue, and based upon the word of a middle school student's claims to his mother that I was picking on him via verbal abuse. Can I go forth with a trial, and can the school district be held liable for defamation of character if I am exonerated through the trial process? Would this be termed a wrongful termination in the eyes of the law?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
A right to work state refers to whether or not you have to belong to a union so probably what you are referring to is that AZ is an employment at will state which is what a state is called when you can be terminated for any reason.
The school district couldn't be sued for defamation or slander since they aren't the one saying that you were picking on the child but the child's parent(s) could be sued for defamation or slander.
It would not be a wrongful termination in an employment at will state since an employer can terminate an employee for any reason other than one like race, age, gender, etc.
If you have a contract with the school then you would sue for breach of contract and the fact that it is an employment at will state wouldn't matter since there is a contract. You would sue them for breach of contract and you could sue for wrongful termination as well but it would still, really, be a breach of contract.