Fired!!!!!

[NellieBly]

What is the name of your state (only U.S. law)? MA

I know how everyone feels about starting new threads, but I was fired.

 

[FlyingRon]

That's nice. File for unemployment, start looking for a new job and get on with your life.

Or did you have a question rather than just coming here to disrupt the forum?

 

[NellieBly]

That's nice. File for unemployment, start looking for a new job and get on with your life.

Or did you have a question rather than just coming here to disrupt the forum?

I love you too Ron....

 

[NellieBly]

PS, I was kind of counting on my pension.

 

[CSO286]

PS, I was kind of counting on my pension.

Do you have a question?

 

[NellieBly]

Uh. How to make the union lawyer defend me?

 

[commentator]

Nellie, I am truly sorry. I know this is something you were anticipating. You were as you say falsely accused, and this was the reason they gave for terminating you we assume? Honestly, from what you have said here, I think I would go immediately to a good labor attorney. Forget the union attorney, it doesn't appear that you and he are hitting it off or that you feel like he was helpful to you in any way. Do not think you can force him to become more helpful, or that you can self represent and put your own defense on while he's standing around supposed to be representing you.

From the sound of things, you may have some kind of case against the school system. You need to talk to someone about it, very quickly. You also need to file a claim at once for unemployment benefits. It may be a very small claim, due to your having a part time job only, but you need to get that established very quickly. What exactly does your termination letter say? Are they using the incident of your not being on the job as their only reason for termination?

DO NOT go into all this information you've been providing us about how you can show your son wasn't covering for you because he was somewhere else yada yada, just be very brief in your initial claim filing. Say you were terminated because you were accused of not being on the job on such and such date. Say this was NOT true and that you had denied it to them. Oh well, I'm completely shooting in the dark here, because I have not read your termination letter and do not know what happened. But in any case, I do believe you do need an attorney at this point, not the union attorney whom you have mentioned before as not being supportive.

 

[NellieBly]

I am accused of falsifying a legal document (time card)and allowing a non employee to act on my behalf. On top of an alleged absence. I have one more hearing on Thursday at the school department before I'm axed. I've already called a lawyer but this is short notice

I've never been accused of a crime before

 

[I'mTheFather]

You don't need a new lawyer for the school board hearing. If you take an outside lawyer, then I believe you've waived your right to representation. If you ever consider suing the union for failure to represent, then you have to let the union lawyer go the distance.

You will need a new lawyer for whatever case you may have after the termination.

BTW, I've lost most respect for the teacher/staff unions, as well as their lawyers. I'm not at all surprised by what's happening to you. Sorry you're going through it.

 

[NellieBly]

Still beating this dead horse...

Is it permissible for my sister to attend my hearing via speaker phone?

She's not a lawyer, but she is a viper.

 

[cbg]

That's up to the school department. But quite honestly, I wouldn't recommend it.

I've cleared space in my inbox.

BTW, how long have you worked for them in a pension - eligible position? Is it entirely employer funded or do you contribute as well?

 

[NellieBly]

I've been paying into my pension 13 years. I haven't paid into Social Security very much, prior.

I have a couple of questions for anyone. Does my 6th amendment right to confront my accusers come into play here?

Is the guy who checks up on us entitled to that information? He said I "wouldn't believe' who complained. Why does he need to know? He's merely a retired cop/errand boy.

A friend of mine (non employee) said someone probably wants my job to give to a relative. This is S.O.P. I got the job through my ex, a police detective. The transportation department told me to go to HR and sign up and the HR lady told me there was no job. "It's not in the budget" although I knew I was replacing someone who was retiring. Fortunately, the person who okayed my hiring was higher on the totem pole. I'll never forget that.

On the bright side, I got a lovely mass mailing thanking me for my service in the past school year.

 

[cbg]

First of all, any money that YOU contributed to your pension, you own. You cannot lose that.

After 13 years, even any portions that they contributed should be vested by now. If I am not mistaken, the longest a plan can take to vest is 10 years, though I cannot right this minute back that up. You should discuss this with your lawyer.

 

[commentator]

Lawyer. NOT your sister. Her being a viper isn't a qualification for anything you need. Sixth amendment right to confront your accusers does NOT apply to employer hearings held by your employer. And you have NOT been charged with a crime. Knock off the hyperbole, go through this hearing, then pronto, talk to your own attorney which you have just now retained.

 

[cbg]

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.