Fired!!!!!

[not2cleverRed]

JUST STOP AND BREATH.

Seriously.

Stop talking to your sisters. Tell them to stop contacting people on your behalf.

Stop obsessing about the union lawyer.

READ CBG'S POSTS. AND COMMENTATORS. STOP CREATING PROBLEMS FOR YOURSELF.

You may very well be correct, but the way you are going about things is going to guarantee the worst outcome.

You say you were there. They say 2 reliable witnesses say that you weren't. So, if you were there, keep saying you were there.

The ONLY people you should consider bringing to the hearing are (1) a labor lawyer, and (2) your own reliable witnesses that saw you there that day.

Retain your own labor atty - stop looking for the union lawyer to do a job that he's clearly not going to do. Beg or borrow the $, if necessary. If the accusations are truly false, a competent labor atty can not only help you, but may find a way to get atty fees as part of a settlement.

 

[not2cleverRed]

Ok. Wish he would subpoena those Six Flags records.

It's not going to happen. Focus.

 

[NellieBly]

What's he supposed to do?

Just so I know

 

[NellieBly]

Still beating this dead horse

My termination hearing is next week. I have my son's cell phone bill that indicates six calls were made from another town at various times he was alleged to be at my crossing guard post. This is the town where Six Flags is located.

Question is, will the names of the witnesses have to be revealed if this goes to a real trial? How about if I file for unemployment? I am 100. yes 100 percent sure it was someone from the school department and the bus company. The bus monitors work for the school department and the drivers work for a contractor. Or it could be my boss A couple of months ago my son said he thought my boss was "gunning for " me. Can they get in trouble for filing a false report against a public employee?

Is my lawyer supposed to interview these witnesses?

 

[Zigner]

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

Since there doesn't seem to be any "wrongful termination" here, I'm not sure that it matters.

 

[not2cleverRed]

(1) You need proof that YOU were on the job. It is not enough to prove that your son was elsewhere. Proving your son was elsewhere does not prove that you were there. If you are going to bother with witnesses, get witnesses who can attest that YOU were there on the job that day.

(2) Have you looked up any labor lawyers yet? Not the union lawyer, since it's pretty clear he doesn't think you're credible.

(3) Unless and until you convince everyone that you were actually there, on the job, on that day, there *is* no "false report". Focus on proving you were on the job.

 

[NellieBly]

The complaint specifically stated my son was there in my place.

I made a list of all the school buses that pass my corner and at what time but have no access to that information. They would know me by sight because I've been out there waving at them all for 13 years

There was no one person standing there with me the entire time. Why should there be?

 

[NellieBly]

I should mention that the letter states I allowed a non school department employee to do my job. At the first hearing they specified it was my son. At that time I said he had been at Six Flags all day .

 

[cbg]

Just a reminder, Nellie.

A wrongful termination does not mean that you were fired for something you didn't do. It means you were fired for a reason prohibited by law.

 

[NellieBly]

Yes, Dear..

 

[HC1432]

The complaint specifically stated my son was there in my place.

I made a list of all the school buses that pass my corner and at what time but have no access to that information. They would know me by sight because I've been out there waving at them all for 13 years

There was no one person standing there with me the entire time. Why should there be?

So what? Go ahead and attempt to "prove" that your son was not there and the District can just say "hmmm...well then I guess we were mistaken, it may not have been your son, but it was SOMEONE ELSE and we have witnesses that say it was NOT YOU that was at the post". Ultimately it does not matter if your son was there or not. As others have stated either produce credible witnesses that can say YOU were at the post or simply continue to reiterate that the accusations are false and that you were at your post on the day in question.

 

[NellieBly]

Well I guess I'm out of luck because I brought letters from credible witnesses including a police sergeant and they dismissed them saying they weren't there the entire time.

 

[not2cleverRed]

Then perhaps it might be reasonable to ask what time window they think you *weren't* there.

It might be time to go the social media route, and just say, "Anyone who saw me out there that day, and is willing to testify to that, show up at ---."

Don't accuse anyone of being out to get you. It's possible they were looking in the wrong place, if you'd retreated to the shade.

 

[NellieBly]

One would wonder why anyone would call my boss to report a stranger at my corner One would assume he or she was a substitute sent by the school department. Or simply not care. Would you give this a second thought?

At any rate, I sent the union lawyer an email listing my evidence, primarily the phone statement. He wants to review it on Tuesday.

 

[NellieBly]

Okay , so I went to see Mr Union Lawyer. The complainant is one of my neighbors. This person also complained that I was not there February 17 and 28. February 17 was during SCHOOL VACATION and February 28 was right after my mother passed away and my employer knew I was not going to be there. You would think the school dept would know when vacation was. They certainly knew not to pay us. To cut to the chase, I gave Mr Union Lawyer the phone statement that showed my son was in the next town at the time in question and he said that was helpful

Also I told him about how the guy who checks up on us knew the identity of the complainant I said they should have just asked him if he saw me there and then had him deliver the letter. WAIT! Mr Union Lawyer said letters should not be hand delivered.

Question is: Did my boss break the law by discussing this with the guy who checks up on us?