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NellieBly

Member
Actually, in MA, receiving pay for time not worked, which is what she's accused of, can be considered a criminal matter. It is a form of larceny.
Someone I went to high school with was in charge of processing overtime payments for (ironically) the police department. She "allegedly" gave herself $45,000. They're accusing me of taking $25.

My other sister called the union to ask about our collective bargaining agreement and it has not been signed.

I don't know if I mentioned this before, but the previous transportation director (big boss) used to encourage people to get a "trusted friend or relative" to sub during absences. They technically never told us in writing not to do this after he retired.
 


cbg

I'm a Northern Girl
Seriously, you need to tell your sisters to knock it off. I'm glad to hear how supportive they are and I hope that never changes. But right now, they're going to do you more harm than good. I mean that.

Lawyer. Or no one.
 

NellieBly

Member
Seriously, you need to tell your sisters to knock it off. I'm glad to hear how supportive they are and I hope that never changes. But right now, they're going to do you more harm than good. I mean that.

Lawyer. Or no one.
My problem is that the union lawyer thinks i'm guilty. I asked him straight out and he said "There were two witnesses."

How can he defend me if he thinks I'm guilty? He's supposed to be keeping me apprised on the proceedings. He never contacted me until I walked into the hearing and was blindsided by the allegations. Isn't he supposed to interview witnesses?

My sister is advising me on how to deal with the lawyer.


I'm so glad this is not a capital case.
 

I'mTheFather

Senior Member
My problem is that the union lawyer thinks i'm guilty. I asked him straight out and he said "There were two witnesses."

How can he defend me if he thinks I'm guilty? He's supposed to be keeping me apprised on the proceedings. He never contacted me until I walked into the hearing and was blindsided by the allegations. Isn't he supposed to interview witnesses?

My sister is advising me on how to deal with the lawyer.


I'm so glad this is not a capital case.
Which lawyer is your sister advising you on?
 

NellieBly

Member
She is looking up statutes and things of that nature. She also writes emails for me to send

Another question: will the "witnesses" have to be revealed in a wrongful termination suit?

Is it legal for them to disclose disciplinary action to the man who hand delivered the letter? He's basically a go-fer
 

I'mTheFather

Senior Member
Nellie, I get that you're very stressed out. I get that you're desperate. But you're flopping all around like a fish in a boat. Slow down and focus.

You have a board hearing coming up. You have the union lawyer representing you. He may be pitiful, but that's what you've got right now. I can't imagine what statutes your sister is looking up that will apply to a board hearing. What she could be looking up would be board policy with respect to disciplinary hearings, grievances, and such.

Stop thinking about the wrongful termination suit for now. Focus on the hearing. Take copious notes.

As far as the man who delivered the letter, it would depend on his role in the district whether or not he should have access to its contents.

What emails has your sister written, and to whom?

BTW, I'm pretty sure I agree with cbg. Tell your sisters to knock it off.
 

commentator

Senior Member
Sigh. Nellie, honestly. After listening to this whole posting history...I think you are guilty. Many little things, many details in your story, things you've brought up are worrying me, creating the wrong images in my mind. Don't forget, I have heard many stories about things like this. My radar is pretty good for what is said and not said.

If you can't even convince us who want very much to believe you that you're being falsely accused, and you want to show your innocence in a employer hearing, you need an attorney to do your talking for you. Don't ask me exactly why, but your last comment, the "well, sometimes my old supervisor told us it was all right to do this!" you threw in there was the worst possible thing you could've said to convince ME of your complete innocence, which I was struggling with while you went through "my son can prove he wasn't there because he....was somewhere else...no wait, they didn't give him a pass...no....because he didn't ever wear my slicker....no because he's....." This story isn't holding together. And all the obfuscation about how the supervisor is a political appointee, etc. I try to tell myself you're just venting here, but it would be wise to talk as little as possible and let someone else talk for you in the hearing. (And not your sister.)

Someone mentioned this hearing not being so important, the termination is already a done deal, and the union lawyer is the one who is supposed to be representing you....IF you are covered by the union contract which now we hear that it hasn't been signed? Do you have a union or not? If not, still ask for his help, and do not let your sister go there and try to tell him what to do.

All he really needs to do is say, "My client is not guilty of this offense." You don't get up and "confront your accusers" and do a lot of talking and citing legal information. Neither does your sister. She needs to stay far out of this. Who is it she is emailing?

If they want to terminate you... you know the drill. An at-will state, not a court of law, if they want to they can. It seems they want to. This hearing is just a formality. Don't allow it to also be a farce which confirms their wisdom in terminating you. Act like the consummate professional crossing guard falsely accused, not the neighborhood nut case. If they want to press charges against you for stealing the $24, you do what anyone charged with a crime does. GET AN ATTORNEY AND SHUT UP.

In unemployment hearings we would frequently have somebody who was a family member or friend (though not an attorney) of the viper variety who wanted to come in and talk for the client. It was generally not allowed, unless the client was in some way unable to represent themselves, such as not being able to speak the language or being illiterate or having speech/hearing difficulties. The last thing they're going to want is a room full of angry vocal relatives of yours waving employment laws at them.

And if they've already made up their minds to terminate you, they will not listen to any of these arguments or pronouncements, they'll eventually go right on and terminate you (railroad you) right out the door. You just need to go on record saying "I deny that I did what I was accused of. I did my job to the best of my ability and you have no reason to terminate me. " You don't need to add that your attorney will be in touch, but make that happen.

Where you will "get justice" if you get any is in the unemployment system first, and then you talk to an attorney about their depriving you of your pension, and your termination, and your treatment by the school system.
 
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NellieBly

Member
Sorry I was looking for a loophole. My son was at Six Flags and is on their surveillance There is no disputing that. I cannot hack their server and plant evidence. Nor can I obtain his pass usage record and video without a subpoena. One would wonder why Mr Union Lawyer won't do that
 

commentator

Senior Member
Sorry I was looking for a loophole. My son was at Six Flags and is on their surveillance There is no disputing that. I cannot hack their server and plant evidence. Nor can I obtain his pass usage record and video without a subpoena. One would wonder why Mr Union Lawyer won't do that
Why would he need to? You seem to still be missing the whole point here. If they wanted you to produce evidence of your possible innocence, based on the location of your son at the time, they could ask you to produce it. But that's just YOUR story, that it couldn't have been your son because yada yada. At will state, employer has already made up his mind, what's the point? What's the use? They do not have to "give you justice if you demand it!" Sorry, this just isn't that kind of court. It's an agency hearing within the school system. At some point you and your attorney may even want to challenge the union for the attorney's failure to represent you more vigorously. But what happens in this hearing isn't going to matter. I can tell you what will happen. You are going to be officially terminated, regardless.

They may have said they "think" maybe it was your son who did the shift for you. But proving your son was somewhere else isn't going to get it, make them change their whole plan, because they can then say, "Well, I guess maybe it was your next door neighbor." Then we have to subpoena the phone records on your neighbor's phone to prove she was somewhere else, and then maybe it was your sister.....and you have to get her in the hearing and show that she doesn't look anything like you and is six feet tall....see how this is the wrong angle to approach this situation with? If I'm innocent, I don't need to PROVE where the other six possible people who might've been there in my place were at the time. Because I was there. This story is not true. Period.

That is all you say and all you need to say. As we said, take copious notes, keep all the records and paperwork and communications they have given you. And take all this to a good employment lawyer. It's worth the investment.
 

NellieBly

Member
Forgot to mention my sister composes e mails for me to send to Mr Union lawyer to try to convince him to do something The guy who hand delivered the letter is a retired police lieutenant who drives around checking up on us. You know, if he was asked, I'm positive he gave a good report. Had I goofed up in the past 13 years he'd have turned me in. I don't think he was involved in making any decisions
 

cbg

I'm a Northern Girl
Nellie, I am very very serious here.

TELL YOUR SISTERS TO STOP.

They are going to make matters worse for you. Even a HINT that someone else is composing the emails for you - that's it, you've just to all intents and purposes proven yourself guilty.
 
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