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wrongfull termination?

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Fabreezai

Member
What is the name of your state? CO

Last year (I feel) my wife was wrongfully terminated from her job at the local school district, you guys have given me great advice on other subject matters in the past so I figured I would get you opinions on this.

She worked for the school for 4 years and was well liked by all the faculty and students. The old superintendent (Mr. A) retired and a temp one (Mr. B) was brought in to take over until a new one was hired. Mr. B was there for approximately 1 year, in that time he slashed salaries, changed policies, took away benefits (that my wife had for 4 years) and gave him self a raise to boot. In mid school year someone (I believe it was our old neighbors who we did not get along with who have since moved away) called child social services about one of our 3 daughters. The SS lady showed up at the school and interviewed my wife and daughter, we never heard anything else about the situation from anyone. The end of the school year comes, it's summer vacation for the students and staff, mid summer my wife gets a phone call from the school for a meeting, as she did every summer (assuming) to renew her contract. However, this time they said they were not renewing her contract because Mr. B said she had family problems and it affected her job. This was just shy by 2 or 3 months of her 5 years working there and she would have gotten her matching funds in her 401k plan. We then checked with the human resources department at the school to see if there was anything pertaining to her "job performance" in her file. There was nothing. I then told her to get a letter of termination stating the reason why her contract was not renewed, we got that. I then told her to call the SS lady to find out what the outcome of her investigation was, she not only told her on the phone but put it in writing for us that she found no evidence of any kind of "wrong doing" or "problems".

BTW, we live in a very small town (less than 1100 people) and rumors fly like crazy, everyone identifies you by the car you drive. Even if you keep to yourself and no one really knows anything about you, they will make something up and everyone who hears it will believe it. I don't know if this has anything to do with it but around here rumors seem to be a BIG part of the politics because the powers that be (like everyone here) will believe them.

Does anyone else think we have a case besides me? Any input would be great.

Thanks in advance. :confused::confused::confused:
 


seniorjudge

Senior Member
Last year (I feel) my wife was wrongfully terminated from her job at the local school district, you guys have given me great advice on other subject matters in the past so I figured I would get you opinions on this.

Actually, there are some girls on here too!:D

Anyway, my opinion is you need to see an employment law attorney to look over your case.

Stand by for other opinions.



BTW, we live in a very small town (less than 1100 people) and rumors fly like crazy, everyone identifies you by the car you drive. Even if you keep to yourself and no one really knows anything about you, they will make something up and everyone who hears it will believe it. I don't know if this has anything to do with it but around here rumors seem to be a BIG part of the politics because the powers that be (like everyone here) will believe them.

Interesting.
True.
Irrelevant.
 

quincy

Senior Member
There is a legal presumption in Colorado that an employee is an employee-at-will and can be terminated at any time. However, there are limits to legal termination even in an at-will state.

One limit is that you cannot be fired for performing a legal duty or exercising a legal right, for instance.

Where there is a contract that states an employee can only be terminated for just cause, another limit placed on termination is that there must be just cause. There is a breach of contract if the employer fails to follow termination procedures - which may or may not be outlined in a policy manual. Guidelines expressed in handbooks may explain how an employee can be terminated. If a manual leads an employee to believe that the employer can only terminate the employee for specific causes, the employer cannot terminate an employee without such cause.

In other words, it is illegal to terminate an employee without following stated procedures or policy, or for reasons not contained in a contract if one exists.

If anything like that applies to your wife, she may have a cause of action - otherwise the non-renewal of her contract sounds legal, and Mr. B may not have even needed to state a reason for his decision to not renew the contract.

It actually sounds more like your wife may have an action against whoever called CPS.

Wait for the employment experts to post, however, for additional information.
 

cbg

I'm a Northern Girl
Do I understand that her contract had expired?

My husband's contract with the private college where he teaches says that it automatically renews UNLESS either he or the school specifies in writing that (they) wish to terminate it.

However, if the contract did not have that automatic renewal clause in it, when the contract was up, it would be up, and that would be the end of the employment relationship.

Did her contract have some type of automatic renewal clause? Did it specify that it could only be non-renewed under certain conditions?
 

Fabreezai

Member
Quincy - Cbg,

Both of you, thanks for your input! I will ask her (see if she knows), get a copy of her contract to find out the particulars and re-post.

THIS SITE ROCKS!
:)
 

Fabreezai

Member
OK-

All the contract said is how much she got paid and that it was for the X to X year, no particulars. Basically 1 sheet of paper with 2 signatures on it. She has never seen or has any knowledge of any kind of employee hand book either.

I think when Mr. B stepped in and cut salaries, benefits, etc. was in mid school year after she signed the contract with Mr. A for that year, but I have to confirm that.

Does this info help in any way?
 
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Zigner

Senior Member, Non-Attorney
I don't see that your wife was "terminated". Rather, she was not re-hired.
Of course, consult with an employment-law attorney (as was mentioned previously)
 

xylene

Senior Member
I'm guessing this was a non-union school?

If the school was union you would (or should) know exactly who to talk to. ;)

Getting screwed over on vesting is a common thing.

Teachers have beef / issues / wanton dismissals with new admin, justified or not... also common.

I also must state, the nosy neighbors calling CPS is a common refrain. It does happen, but, well, bluntly... Do you have family problems?

I don't care what the child services people determined. What I am trying to get at is... is Mr. B's reasoning accurate? Do you have problems that impact the job? (ESP since children go to the school...) Hint, this impacts the contract angle A LOT.

Not that is changes your position. Your wife is in a reputation based field and see should consult a professional lawyer about the options, if any.
 

Fabreezai

Member
Once again! thanks for the reply!

Zig- Opinion noted.

Xy- Your opinion is noted also...

But to answer your questions, to be blunt, it is a non union school, as stated before we live in a small town.. To the point that the nearest traffic light is 53 miles away, for that matter the nearest McDonald's is 68 miles away, 1 way! As well, We do not have any family problems. At least regarding the CPS, unless you consider that.... My wife's 3 kids are not mine, her x-husband has not paid child support in almost 4 years and owes her tens of thousands of dollars (before I was in the picture), We have custody of her sisters (who is a crack/meth head) two kids (so they would not be put "in the system" in NV) one who is 3 the other who is 7, the seven year old who has brain cancer, had brain surgery, is disabled, my wife works 3 jobs, I have, for the most part (I work VERY part time) given up my careerer in music to the right thing, help her and all the kids. Then yes we do have a problem. She was not a teacher, Mr. B's reason was not correct as he stated, and I DO care what CPS has to say about the situation.

Nothing personal, but when it comes to my family and someone assuming/accusing there is a problem I have issues.

Again.. Sorry, I feel better now.
 

Zigner

Senior Member, Non-Attorney
Share with us the results of the CPS investigation (ie: findings)
It DOES have an impact on the responses.

Furthermore, it sounds like you can pin the "anonymous" complaint on one person, as there are others who may have felt the need to call...
 

UCLawyer

Member
If this was a public school, and your wife was a public employee, then she has unique protections not afforded private employees.

1. Due Process Rights: if the annual contract renewal was done "as a matter of course", then you can argue she had a right to notice that her contract might not be renewed and a statement of why it might not be renewed. Then she should have received a due process hearing, where she can state to Administrator B why she would be able to keep her job. Google "Cleveland Board of Education v. Loudermill".

2. Violation of her Liberty Interest in her job: A liberty claim fits the smear element of your wife's situation. This claim requires: a) termination, b) defamatory charges, c) defaming charges connected to discharge, d) falsity of charges, e) no meaningful pre-termination hearing, f) tangible loss of other employment opportunities due to disclosure by the public employer [the school]. See Johnson v. ******, 943 F2d 15 (7th Cir 1991), and/or Elam v Williams, 753 F Supp 1530 (D Kan 1990)(affirmed by the 10th Cir two years later).

Your wife should request a copy of her personnel file to see if Administrator B put anything negative in it regarding your "family problems"; if so, both these claims could appl. Buxton v City of Plant City, Fla. 871 F2d 1037 (11th Cir 1989).

I've been involved in a case where a female community college instructor received a year's pay to settle her claim that her contract was non-renewed due to gender discrimination. If Administrator B was the ballbuster you describe, then he may be the type to make off handed remarks about women on leave, women missing work due to sick kids, family problems, etc. If you can establish any such comments or emails, then your wife can sue for gender discrimination as the reason her contract was not renewed -- often called a "section 1983 claim".

Good luck.
 

Fabreezai

Member
Zig-

As you know the CPS cannot share any "fine details" as who called "(I believe it was our old neighbors who we did not get along with who have since moved away)" but the end result was... "she found no evidence of any kind of "wrong doing" or "problems". " The CPS, at least where I'm at is not allowed to "disclose" any info but they do have to investigate if there is a complaint, she (the CPS gal) did disclose to me that it was one person not "others". As well we have been here for 15 years and there has never been a problem before or after the neighbors left (they were here for not even a year). So MY assumption it that it was them. "I don't know if this has anything to do with it but around here rumors seem to be a BIG part of the politics because the powers that be (like everyone here) will believe them."

UC-

Thats great info!!! don't know if I can apply any of it in my wifes situation (I do still have to find out some particulars) but it does sound promising! Thanks!
 

UCLawyer

Member
You're welcome. Litigating is a long fight. You will both need an iron resolve to see it all the way through. The best bet to finish in less than a year is to scare the crap out of them with a detailed account of what they did, and cite to the law to show those actions were illegal.

-UndercoverLawyer
 
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