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I filed a grievance against my boss for violating the

Customer Question
I filed a grievance...

I filed a grievance against my boss for violating the professional conduct policy. I went through the first two steps of the grievance but choose not to move onto step 3 because my boss was making the work environment miserable for me. Two dayss after I signed to not proceed to step 3 my boss placed a letter of reprimand in my filing stating I had broken the profesional conduct policy.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Teacher contract full time position

Submitted: 8 months ago.Category: Employment Law
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Customer reply replied 8 months ago
I would like to know what legal recourse I have.
Answered in 9 minutes by:
11/18/2017
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,465
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only

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Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

Great, thanks, ***** ***** moment...

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Customer reply replied 8 months ago
no
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

Oh, that’s not a problem with the phone call. The system automatically asks if you want one, but there is no problem declining the request. One moment while I review your situation.

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Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks so much for your patience.

This appears to be a violation of the implied covenant (promise) of good faith and fair dealing if they are retaliating against you for filing a grievance against your boss. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state started.

The bot***** *****ne is that under contract law, an employer is limited in their emotional responses to grievances like these. I would recommend checking your retaliation policy as well to see if there is anything in addition that you could do.

What other questions did you have for me?

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Customer reply replied 8 months ago
The only retaliation policy that is in place is in regards ***** ***** of discrimination. I assume this does not qualify since my complaint did not include a basis of discrimination against my sex, age, religion, etc
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

It could qualify, but you'd have to make the argument that they are not acting in good faith. Basically, if they are interfering with your ability to enjoy your part of the employment contract, then they're just not acting in good faith, regardless of whether it's retaliation based on some protected class. Unfortunately, the law doesn't have a bright line rule for how to deal with jerks; however, there is some wiggle room here if you follow my suggestions. What other questions did you have for me today?

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Customer reply replied 8 months ago
none. Thank you
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

The pleasure is all mine! There’s just a few other things I’d like you to know before we wrap up this conversation:

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  2. For your benefit, you can also click here in the future to request me individually.

  3. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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