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"Permanent Inelgibility for Rehire" in North Carolina

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Clmtyne

Junior Member
What is the name of your state (only U.S. law)? North Carolina.
I was terminated as "Permanent Ineligibility for Rehire" from UNC Health Care back in 2008, and the reason was failure to attend a mandatory meeting, something that I had never had before. Prior to this back in 2004, I filed a Federal Law Suit against UNC Health Care for Discrimination, Entrapment, Harassment, Hostile Work Environment among other issues, and in 2008, I filed a similar case with the OAH Civil Rights Division. In both cases I received a Right To Sue notification, and because of finances, I did not carry out the law suits. Just this year in 2012, I sent a letter of request to the UNC Health Care Board of Directors about lifting the classification, where they were willing, but told me that I could not reapply to work there, they don't owe me any money and they did not have knowledge that I could file any lawsuit against them. Then they turn right around and ask me to sign the above in a settlement agreement stating they have not damaged me in any way.

Currently the matter is in the OAH Personnel Division for appeal. In their paper work to me and the Administrative Judge they say two things, I can not sue the state because of Sovereign Immunity and that I am not considered a SPA Employee because I don't work for the University. They fail to address the real issues and say that all incidents are unrelated, which is furthest from the truth. What would you do at this point? The Settlement Agreement they offer offers nothing to me, even after 4- years of no employment. Not fair and I vow to fight. Have nothing better to do, and only way to get a fair settlement.
 


xylene

Senior Member
What is the name of your state (only U.S. law)? North Carolina.
I was terminated as "Permanent Ineligibility for Rehire" from UNC Health Care back in 2008, and the reason was failure to attend a mandatory meeting, something that I had never had before. Prior to this back in 2004, I filed a Federal Law Suit against UNC Health Care for Discrimination, Entrapment, Harassment, Hostile Work Environment among other issues, and in 2008, I filed a similar case with the OAH Civil Rights Division. In both cases I received a Right To Sue notification, and because of finances, I did not carry out the law suits. Just this year in 2012, I sent a letter of request to the UNC Health Care Board of Directors about lifting the classification, where they were willing, but told me that I could not reapply to work there, they don't owe me any money and they did not have knowledge that I could file any lawsuit against them. Then they turn right around and ask me to sign the above in a settlement agreement stating they have not damaged me in any way.

Currently the matter is in the OAH Personnel Division for appeal. In their paper work to me and the Administrative Judge they say two things, I can not sue the state because of Sovereign Immunity and that I am not considered a SPA Employee because I don't work for the University. They fail to address the real issues and say that all incidents are unrelated, which is furthest from the truth. What would you do at this point? The Settlement Agreement they offer offers nothing to me, even after 4- years of no employment. Not fair and I vow to fight. Have nothing better to do, and only way to get a fair settlement.
After 4 years, maybe you need to move on. You are a healthcare worker, why have you not been able to become gainfully employed?
 

Mass_Shyster

Senior Member
I can not sue the state because of Sovereign Immunity and that I am not considered a SPA Employee because I don't work for the University. They fail to address the real issues and say that all incidents are unrelated, which is furthest from the truth.
They don't address the 'real issues' because you are barred by soverign immunity and lack of standing. It doens't matter (legally) if all the incidents are related or not.
 

cbg

I'm a Northern Girl
EVERYONE who files a Federal discrimination suit gets a right to sue letter. It doesn't mean your case has any merit. There is NOTHING illegal or discriminatory about a permanent no-rehire status.

Move on. You not only have no case now, based on what you posted you never had one in the first place.
 

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