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Alex Esquire
Alex Esquire, Attorney at Law
Category: Employment Law
Satisfied Customers: 16630
Experience:  Licensed Experienced Attorney
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I am interested in what exactly constitutes harassment. I am

Customer Question

I am interested in what exactly constitutes harassment. I am inquiring on behalf of my daughter who is a first year teacher at a charter school. There is no Human Resources department. All year she has been bullied And working in a hostile environment. Her fiancé recently started a new job in another state. She also got another teaching job in the state. Her plan was to finish the year with students and attempt with my help to complete her end of year duties And pack up a household to move over the three day weekend. She informed them on May 2nd.Today she got an email saying how unprofessionalshe is. Her current principal said that she contacted her new principal to tell her she was breaking her contract to not do her close down duties. Did she cross the line? Can a previous employer contact a new employer - especially after giving her a recommendation earlier?
Thank you for your time.
Lauren Yager
Submitted: 1 year ago.
Category: Employment Law
Expert:  Alex Esquire replied 1 year ago.
Hello. My name is ***** ***** be happy to answer your question.I am sorry to hear about this unfortunate situation. Please note, I cannot comment on your specific situation, asthis services is only limited to general information and for any legal advice/legal service you should contact a local attorney. Do I understand correctly that your daughter did provide her current employer with the contact information for the new employer?Also, is there actual breach of any contract terms or is current principal making a false statement to the new employer?Was your daughter financially harmed by the current employer's action?
Customer: replied 1 year ago.
Technically she has three more days on her contract without students.
The new principal had contacted the current principal checking references. That went fine. The current principal said she contacted the new one. My inference is from a previous email or call. My daughter has attempted to contact the principal. She was unavailable at the moment.
This will effect her future earnings, and reputation.
Expert:  Alex Esquire replied 1 year ago.
Thank you for your follow up.Unfortunately, generally, as long as, the employee had provided her current employer with the contact information for her new employer it is legal for the current employer to contact the new employer and to report any past or current employment related information, as long as, the information that was related is correct, meaning that if technically the contract is being breached / or broken by the employee or if the current employer has an opinion that the employee is being unprofessional under the circumstances (but current employer does not report any specific false facts or incidents), I am afraid there would generally not be any legal recourse for the employee to take. I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer. I wish you the best of luck and God bless you!
Customer: replied 1 year ago.
Well I appreciate your time. Her fiancé is also checking into it and got a different response around defamation of character. You didn't mention anything about the hostile environment, threats or mistreatment including different rules allowed for different people.
Expert:  Alex Esquire replied 1 year ago.
Thank you for your follow up.Was hostile environment or any other potentially illegal work experience reported to anyone or EEOC while your daughter was actively employed at her current employer?
Customer: replied 1 year ago.
No nothing was filed. I don't even know what EEOC is? Again, much of this she tried to problem solve around. She has no documentation of poor performance. However the principal screams as a way of problem solving. Not the right environment for adults or students:( s
Expert:  Alex Esquire replied 1 year ago.
Thank you for your follow up.I do agree with you that having a superior who might be screaming or being a bully is not a healthy work environment, however, I am afraid that unless such hostile environment was properly documented and reported to the local school board and Equal Employment Opportunity Commission (EEOC) it would be extremely difficult to successfully pursue claim for hostile work environmentAlso, an ultimate defense to any defamation claim, is if the information that is being published / communicated is correct or true and also, if the information amount to an opinion and not a false statement.I wish you the best of luck!