B
Balderdash
Guest
What is the name of your state?
North Carolina
Employer - Local Municipality
I apologize for the length of the original post and have tried to condense this as much as possible and still cover the issue.
I am a retired Police Officer. In August of 2001 I was rehired as a part time dispatcher by the municiplality from which I retired.
At the time I was hired, a position was basically created for me, utilizing existing resources, and a verbal agreement was negotiated between the Chief of Police and myself, the terms of which were approved by the City Manager's Office. One of the terms specifically stated that I would not have to work weekends.
I worked under the terms of this agreement for 28 months, through the administration of 3 police chiefs and 3 city managers, and was held to the letter as far as being denied raises and benefits, etc.
Approximately two months prior to my final seperation from the department, I was told that I would be terminated, on or about April 1, 2004 when a full time dispatcher who was hired approximately 1 year after I was, but who was away on military leave, would be returning and I was the only expendable dispatcher because I was "only part time".
On December 28, 2003, I was called at home by one of the department's administrative officers and informed that I would have to alter my work schedule to include every other Sunday and I was not given a choice in the matter.
When I declined I was told "If you can't work the hours that I need you to, I can't use you."
To the best of my knowledge, no other part time dispatcher has ever been dismissed from the department for being unable or unwilling to work on a given date or schedule and I immediately filed a grievance with the City Manager's Office. I received the reply that he could find no proof of any such agreement in my personnel file; that I was deemed to have resigned at the time I had refused to work the stipulated hours and that he wished me well in my future employment endeavors.
I filed for unemployment benefits and, after a four week waiting period the Employment Security Commission ruled in my favor, stating that I had been seperated from the department with good cause on my part because the deparment changed a specific condition of my employment.
I received all of my back benefits but two weeks later received a letter from the ESC stating that my previous employer had filed an appeal, citing "seperation without good cause" and "termination because of misconduct" as the basis for the appeal.
An ESC hearing has been scheduled for next Monday (March 1).
The only issue that I was aware of in this entire proceedings was whether or not I had left with good cause and, to the best of my knowledge, misconduct has never been an issue.
I have retained the City Manager's reply to my grievance and also have a letter from the Police Chief who hired me which confirms the terms of my original employment agreement. He has also agreed to attend the ESC hearing and testify on my behalf.
I would appreciate any an all replies as to what my legal rights might be here; what the anticipated outcome of the ESC hearing might be; and, as to what realistic recourse, if any, is available to me beyond the final ESC ruling.
I thank you in advance for any and all responses.
North Carolina
Employer - Local Municipality
I apologize for the length of the original post and have tried to condense this as much as possible and still cover the issue.
I am a retired Police Officer. In August of 2001 I was rehired as a part time dispatcher by the municiplality from which I retired.
At the time I was hired, a position was basically created for me, utilizing existing resources, and a verbal agreement was negotiated between the Chief of Police and myself, the terms of which were approved by the City Manager's Office. One of the terms specifically stated that I would not have to work weekends.
I worked under the terms of this agreement for 28 months, through the administration of 3 police chiefs and 3 city managers, and was held to the letter as far as being denied raises and benefits, etc.
Approximately two months prior to my final seperation from the department, I was told that I would be terminated, on or about April 1, 2004 when a full time dispatcher who was hired approximately 1 year after I was, but who was away on military leave, would be returning and I was the only expendable dispatcher because I was "only part time".
On December 28, 2003, I was called at home by one of the department's administrative officers and informed that I would have to alter my work schedule to include every other Sunday and I was not given a choice in the matter.
When I declined I was told "If you can't work the hours that I need you to, I can't use you."
To the best of my knowledge, no other part time dispatcher has ever been dismissed from the department for being unable or unwilling to work on a given date or schedule and I immediately filed a grievance with the City Manager's Office. I received the reply that he could find no proof of any such agreement in my personnel file; that I was deemed to have resigned at the time I had refused to work the stipulated hours and that he wished me well in my future employment endeavors.
I filed for unemployment benefits and, after a four week waiting period the Employment Security Commission ruled in my favor, stating that I had been seperated from the department with good cause on my part because the deparment changed a specific condition of my employment.
I received all of my back benefits but two weeks later received a letter from the ESC stating that my previous employer had filed an appeal, citing "seperation without good cause" and "termination because of misconduct" as the basis for the appeal.
An ESC hearing has been scheduled for next Monday (March 1).
The only issue that I was aware of in this entire proceedings was whether or not I had left with good cause and, to the best of my knowledge, misconduct has never been an issue.
I have retained the City Manager's reply to my grievance and also have a letter from the Police Chief who hired me which confirms the terms of my original employment agreement. He has also agreed to attend the ESC hearing and testify on my behalf.
I would appreciate any an all replies as to what my legal rights might be here; what the anticipated outcome of the ESC hearing might be; and, as to what realistic recourse, if any, is available to me beyond the final ESC ruling.
I thank you in advance for any and all responses.
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