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J

Justice?

Guest
What is the name of your state? Perplexed
I've lost my job, and therefore my career in the teaching profession based on an outrageous accusation deemed, per my employer's uneducated and uninformed judgement, to be true. I am still a little over ten years from retirement, and I need to work, but I don't necessarily have the time, money, or energy to retrain for a new profession. In trying to research any possible recourse I might have to defend myself, and get myself "employable" again, I came across this website. Since I don't have much else to do anymore except sell my house, my car, etc., I can afford the time to view all of these interesting posts. After reading through the majority of them I have learned to my amazement and disappointment that hardworking, longterm, highly evaluated employees cannot only be out on the street on the whim (or the lie) of an employer, but they can find themselves unable to ever work again. In my case I now understand that it does not matter what is true or false, and I understand that there is nothing that says I am entitled to any type of due process, fact finding, hearing, etc., and I am not even entitled to be confronted by my accuser/s; that is what I have learned at this website. E.g., the man who was fired for unauthorized use of a credit card. Not only did he get fired for something that could not be proven, and he most likely did not do, but who wants to hire a guy who obviously was out using his employer's credit card for his own personal use? I guess it is all a matter of semantics. "Unauthorized use of a credit card" would imply to me that "he" was the only one who had access to the card, and he misused it, or at worst, he stole it and used it. It would never occur to me that he would, by virtue of a job description, be responsible for a credit card that had to stay in a truck that was accessible to others, and often not accessible to him when he was operating a different truck at his employer's direction. Okay, so the guy gets fired. That's one thing, but what about his ability to get another job with a record of "unauthorized use of a credit card" being related by his previous employer? Am I to understand that when he applies for a new job with that as the reference, the prospective employer will give him an opportunity to explain/defend the circumstances when his previous employer did not? I can't imagine that happening. Or is this guy's livelihood, home, health, family, and furture in jeopardy? I think it is especially ominus to a prospective employer when the prospective employee was with the other company for years, and boom, he's out, and out on a criminal offense. I can see why we have so many unemployed and homeless people/families and shelters. I can also see why we have unions that insure due process with grievance procedures. I came from a strong union state and was never really that pro union, but now I understand why there was so much more professionalism in the workplace, even if it wasn't a unionized workplace. I also see why we didn't have all the nonsense in the workplace that I have seen in traditionally "non union" states; if nothing else, the union mentality filtered into non-union workplaces and put at bay everyone's stupid accusations, blatant false attacks, personal issues, whining, and company politics...employee and employer alike. I guess whether we liked it or not, unions taught us that if you had a complaint you knew you had to substantiate it with facts, and if you didn't want to take that professional route, you just got back to work. I saw this concept of employee/employer respect in non-union workplaces. I'm not saying unions are the end all, be all, but I can see where this country's worker bees would be without them. It's so easy to get up on the wrong side of the bed, fire people, and ruin their lives when you know you don't have to substantiate it; that's too bad. You guys don't seem to have any respect for the worker bees, and you love to zap them with your curt flippant, sarcastic remarks making fun of their audacity (stupidity) to even think they have some recourse or rights. You just love to tell that devasted, newly fired jerk he/she is ridiculous to think that anything out of the ordinary has happened to them. You guys tell everyone to "get over it"........how do you "get over" or overcome a previous employer's lies that prevent you from getting another job? It's not just the firing that's so bad, it's the inablility to get another job. My recommendation to all you disgruntled worker bees is to send a donation to the ACLU which is fighting to see legislation passed that would guarantee all employees due process. So, as to my original inquiry.........correct me if I am wrong.
 
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J

Justice?

Guest
Am I correct that there is nothing to be done when an employer lies about you, fires you, and refuses to say he would rehire you which pretty much insures that you will not get another job? How does one "get over this" and "move on"; move on with what? Unemployment for a few weeks, and then what?
 

Beth3

Senior Member
If an employer is making factually untrue statements when contacted for a reference or is negligent in what they say about you and you suffer damages as a result, then you may sue them for slander.
 

cbg

I'm a Northern Girl
If what was said is a LIE as opposed to a differing opinion, there is recourse.

"Justice? was fired for stealing" when you quit is a lie and you can take legal action if the statement is broadcast to others and you suffer damages as a result.

"Justice? was a poor manager. I was unhappy with her performance" is a differing opinion. Even if you disagree and can provide umpty-dozen other people who agree that your performance was excellent, if the person who spoke WAS unhappy with your performance, that does not give you legal recourse even if you do not get a job because of it.

Unless you were fired BECAUSE OF your race, religion, national origin and so on, or BECAUSE you applied for or utilized a benefit protected under the law, firing you was not illegal.

Nothing in the law requires a past employer to say that they would rehire you. Please read my response to to you on this subject in another thread.
 
J

Justice?

Guest
I posted this on this thread and the other one not knowing where you would be going. Thank you for your opinions, but I think you may be underestimating the scrutiny and standards that teacher's must undergo and pass in order to be hired, or maybe I'm overestimating them.

RE: "Have you ever been dismissed from employment, asked to resign, or resigned in lieu of dismissal?" Check out http://www.teachinflorida.com which is Florida's Official Teacher Recruiting website hosted by the Florida Department of Education. I cut and pasted that question from their online teaching application for you, so you can now say you've seen it.

As far as a "lie"........if I see you pick up a pencil off of someone else's desk, use it, fail to return it and walk away with it.........are you saying it's not a "lie" if I say I saw you steal fellow employees personal property, and I fire you for theft? As I said, I guess it's a matter of semantics. If my opinion is that you are a thief given those circumstances am I entitled to tell everyone else you are a thief? My opinion is that in a case like that, some type of due process should apply........please call in the police and arrest me if you can, and if you can't, keep your insane and dangerous opinions to yourself. The idea that one can be labeled guilty of what an employer "thinks", "perceives", or "believes" even though he/she may be dead wrong really stinks.
 

rmet4nzkx

Senior Member
How can we give you anything more than general advice if you are going to be so circumspect. You don't have to give names, or maybe you should PM the question, from what you posted one would assume you were fired for stealing a pencil which is absurd, so it must be something more profound for an unsupported allegation to cause your unemployment. Can you work doing substitute teaching?
 
J

Justice?

Guest
cbg said:
If what was said is a LIE as opposed to a differing opinion, there is recourse.

"Justice? was fired for stealing" when you quit is a lie and you can take legal action if the statement is broadcast to others and you suffer damages as a result.

"Justice? was a poor manager. I was unhappy with her performance" is a differing opinion. Even if you disagree and can provide umpty-dozen other people who agree that your performance was excellent, if the person who spoke WAS unhappy with your performance, that does not give you legal recourse even if you do not get a job because of it.

Unless you were fired BECAUSE OF your race, religion, national origin and so on, or BECAUSE you applied for or utilized a benefit protected under the law, firing you was not illegal.

Nothing in the law requires a past employer to say that they would rehire you. Please read my response to to you on this subject in another thread.
What is the name of your state? FL

RE cbg: "If what was said is a LIE as opposed to a differing opinion, there is recourse."

What is the recourse, and how do I go about getting it?

RE cbg: "....you can take legal action if the statement is broadcast to others and you suffer damages as a result."

What kind of legal action?
Broadcast to whom?
What constitutes damages?
Thanks
 

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