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Do I have legal recourse?
I'm a substitute teacher. Our district has too many subs, so they decided to fire some of us. But instead of doing it sensibly, like last hired, first fired, they've decided to hold a witch hunt. If subs "have complaints" against them they're dropped without being able to defend themselves or face their accusers. I went to see the superintendent and demanded to see my file, and he said, "Well, most of the complaints aren't in writing -- it's just stuff we've heard." The stuff he told ME about was just stupid gossip except for one thing: he said that "he'd heard" that I hit a child. He would not show me my file, or tell me which school, teacher or principal was involved. But he did say
that he was going to "give me a second chance" and put me back on the list. I've never hit a child, and no teacher or principal has EVER spoken to me about it. My professional reputation is more important to me than a dumb job that doesn't pay much anyway. But if I go to a lawyer, I don't really know what to ask for.
Please answer seriously: I usually try to. Thanks!
Thanks to all of you. I very much appreciate your honest answers. You've all helped me sort out some feelings. I think my main problem is this: The worst thing a teacher can be accused of is child abuse, and I don't want something that isn't true following me around in writing in case I want to sub in another district. The "second chance" implies that they don't believe the story because who would rehire a kid-hitter? And where was the principal when it supposedly happened? We're a small town here, and news travels fast. BTW, Steve, my husband worked in HR and,
people ARE allowed to see their personnel files. Thanks helping me clear my head.
Sorry, I meant Stuart, not Steve.
5 Answers
- David SLv 71 decade agoFavorite Answer
I don't understand what you hope to accomplish through legal action.
Do you want to see your employee file? Erase the memory of what the superintendent heard from his mind?
I agree that their method of sorting out the deadwood is silly and ill-advised, but there's no legal recourse to keep it from happening. After all, people will be people. And they do like to talk.
- Anonymous1 decade ago
I used to be a sub (a couple of years ago) Well I agree it maybe a at-will contract. (mine was). But there is two other questions for you:1) If it was that a child was hit or not. The teacher and school have a responsibility to report the incident to the state. It sounds like it was hush. Which throws up a red flag to me. But I agree with you, legal action against your reputation, slander. Do you have any proof, any letters, any reference checks accusing this action of hitting. Not here say, like "Mary told Joe who Bob who told me". Any written documentation would hold your job responsible. Good Luck.
- StuartLv 71 decade ago
Unless you work in Montana, you work in an "employment at will" state.
That means they can terminate you for any reason, or no reason at all - as long as it isn't discriminatory (age, gender, race, etc).
In turn, you can resign for any reason, or no reason at all.
By the way, as an employee, you do not have the *right* to review your employer's confidential files, especially his human resources files. It's not *your* file.
- Stuart
Source(s): **EDIT** You wrote: "...my husband worked in HR and, people ARE allowed to see their personnel files..." I have no doubt that your husband's company *allows* employees to see their personnel files. However, I stand by my answer: you do not have a *right* to see *your* file. They can grant you permission, but you are not in a position to demand to see it. - Anonymous1 decade ago
So you suspect somebody might have slandered you? That is your legal question for a lawyer.
If he is going to give you a "second chance" then what are you all worked up about?
- ?Lv 71 decade ago
Is there a contract for subs? If not they can do whatever they wish, especially in "at will" states.