What can I do and do I have a case?

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troopergirl714

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I was a substitute school bus driver for a local school district here in the Sacramento area. I have driven a school bus for 6 years, working for 3 different companies within that time. I had a spotless record before this situation. I had worked for this district for almost exactly one year and during that time, I had no accidents, no write ups, was always on time to work, had a good relationship with staff, co-workers, children and their parents. I had never been called into the office for any infraction. On July 11 of this year, while I was attempting to park my bus, I hit another bus and took out the mirrors on my bus. The bus next to me had minimal damage; a broken clearence light that was fixed while I was there and a scratch and dent on the battery compartment door. The bus I was driving needed the mirrors on the passenger side to be replaced as the damage was to the point where the bus had to be downed. The boss came out and took pictures of both busses and told me not to worry about it. Parking there was difficult because it's like a sardine can. She said many other drivers had had accidents there and that it was okay. She gave me paperwork to fill out and told me to go see the on site trainer to set up an appt to retrain (that is mandatory when you have any kind of accident.) The trainer and I set the appt for July 21st. The next morning, when I reported for work, my supervisor in dispatch told me that I needed to retrain immediately and asked me if I could come in at 11 am. I told her that I would call the babysitter, who happend to be one of the dispatcher's daughters, and see if I could drop my 9 month old grandson off early. When I got home, I repeatedly called my babysitter and got no answer. Her mom, from dispatch, called me and asked me if I had gotten ahold of her daughter and I said no. She then informed me that if I could not retrain before my afternoon route that I would have to do it after and that would hold up everyone in dispatch. I never got ahold of her daughter, so I called her back and told her that I would just have to do it after route. When I reported for work for the afternoon route, I was feeling very stressed out. When I walked into dispatch, I told her that I would have to fire her daughter because I was concerned about the safety of my grandson when she was obviously in bed while her children were running around. I seen that she was busy with the supervisor, so I apologized and left to sit at the break room table. I was sitting there for approx 5 minutes, when my babysitter called me in tears saying that her mother had just called her and told her that she was going to be fired and that she was stupid. She told me her mother was cussing her out. I told her that we would talk about it when I got off work. I went and did my afternoon route and was called on the radio that my boss wanted to talk to me when I got back, before going to retrain. I went into the office and she asked me if I had told the dispatcher that her daughter was fired. I admitted that I had and she told me that that was unacceptable conversation in the dispatch office and would not be tolerated. I apologized and told her that it would not happen again. She then told me to go see the trainer for my retrain. When we finished it was about 4pm. When we returned to the office, the doors were locked and no one was there, so I gave my keys to the trainer and left. The next morning, after my morning route, I completed my retrain and went home. I had been home for maybe an hour, when I was called by my boss who told me they would no longer be using my services. I asked her why and she said I would get a letter from Human Resources. I filed for unemployment the next day. When I had my telephone interview with unemployment, I was told they had contacted the employer and was told that I was laid off due to lack of work, however, when I recieved my letter from HR, my boss had written that I didn't have good relationships with staff, co-workers, and children, that I was late for work, that I did not dress appropriately for work, and that I did not follow rules and procedures of the district.
I have applied for 6 school bus driver jobs since my termination and have not had one call back. For someone with a spotless record and a clean dmv, this is unheard of, as this is a high demand job. I want to know if I have a case for wrongful termination and defamation of character as I have her accusations to me in writing. She cannot backup anything that she has accused me of as like I stated in the beginning that I was never written up for any infraction and had no parent complaints during my employment with them.
 
You have nothing on which you can build a case for wrongful termination. You're free to speak with lawyers in your hometown. See what they tell you. The initial conference is normally provided free of charge.
 
I can definately prove it! 2 months before she fired me, she called me into her office to tell me what a valuable employee I was. My file with them is spotless! No write ups, no verbal warnings, no complaints. She said I was late to work, when I was never late..not even once. She said I didn't dress appropriatly, when I dressed according to district standards and policies at all times. She said I didn't have good relationships with co-workers and everyone there was my friend. I had never had a problem with anyone and they can write letters stating that. The whole thing was a lie.
 
Got it in writing? Are you sure everyone will be willing to put their own job on the line by backing you up?
 
Okay, then, last question.

Got between $30,000 and $50,000 lying around to sue her with? Defamation claims do not come cheap, quick or easy. It will take you a MIMIMUM of that much money and a MINIMUM of three years -and no guarantee that you will win.
 
Actually, I have sen this scenario pan out. When Unemployment is told one thing (lack of work) and the employer is told that that the termination was performance based, I have seen the employee prevail every time. However, those cases all involved attorneys.

Troopergirl, check with the union - they should be able to help you. Without any write-ups or documentation, they should have a very hard time justifying termination with cause provided you have fulfilled your obligations as required by district rules concerning accidents, etc.
 
Actually, I have sen this scenario pan out. When Unemployment is told one thing (lack of work) and the employer is told that that the termination was performance based, I have seen the employee prevail every time. However, those cases all involved attorneys.

Troopergirl, check with the union - they should be able to help you. Without any write-ups or documentation, they should have a very hard time justifying termination with cause provided you have fulfilled your obligations as required by district rules concerning accidents, etc.

The OP indicated that she was a "substitute driver".

I have never seen "substitute anything" covered by union contracts or CB agreements.
 
The OP indicated that she was a "substitute driver".

I have never seen "substitute anything" covered by union contracts or CB agreements.
They can be out here, absolutely. Whether they were or not is something we do not know.

In the school district where I once worked, substitutes paid dues to the union and were covered by MOU. This is the case in the district where my wife works now. However, rather than terminating the substitute classified employee they could simply choose not to call them anymore. Where the district appears to have screwed up is offering up two different stories for termination: One a layoff due to a lack of need, the other termination with cause. She may even have grounds to sue them if this is what they are relating to other prospective employers.

However, absent an attorney and a long fight, getting a positive result could be elusive.
 
They can be out here, absolutely. Whether they were or not is something we do not know.

In the school district where I once worked, substitutes paid dues to the union and were covered by MOU. This is the case in the district where my wife works now. However, rather than terminating the substitute classified employee they could simply choose not to call them anymore. Where the district appears to have screwed up is offering up two different stories for termination: One a layoff due to a lack of need, the other termination with cause. She may even have grounds to sue them if this is what they are relating to other prospective employers.

However, absent an attorney and a long fight, getting a positive result could be elusive.


I agree, and would add the following two caveats:

1) Besides an attorney, a very sympathetic jury

2) And, even if one would prevail, one might only receive a token award (usually one dollar) to send a message.
 
I agree, and would add the following two caveats:

1) Besides an attorney, a very sympathetic jury

2) And, even if one would prevail, one might only receive a token award (usually one dollar) to send a message.
None of the cases I know of were heard by a jury, they were heard solely by mediators or judges (depending on the MOU, the claim and circumstances). Most resulted in out of court settlements of money, and/or a revision to the personnel record to reflect a resignation or forced the employer to re-hire the employee. None of these is likely to ever see a court trial ... at least not in CA.
 
At no time did I say that she had no claim for unemployment. But there has been no wrongful termination as the law defines it, and EVEN IF she has a valid claim for defamation (which I think is questionable at best) it's still going to be very costly and time consuming to pursue it.
 
Hence the reason she needs to inquire with the union. If she is a member, and they take up the fight for her, it should come to a quicker resolution. However, if the union does not support her play and she lacks the stones to compel them to provide representation, then she might have to consider the option of an attorney.

Every one of these I have seen or heard of out here have resulted in settlement. But, as you said, they take time and in some cases have been expensive ... though in the end, those costs were paid by the government entity ... though not a lot was always left over for the plaintiff.

Heck, they may have had cause to terminate. But, if the school district never wrote her up and there is no paper trail of poor performance to support a claim of termination with cause, they are going to be in trouble at arbitration or court. In CA government employees can be a protected class. What plays in the district's favor is that she is a SUBSTITUTE driver and thus lacks any significant property right. What plays against them is telling the unemployment folks one thing and telling her another ... oops.
 
But telling the employee one thing and unemployment another is still not illegal per se, and does not make this into a wrongful term. Heck, even if the union contract has been violated that's STILL not technically a wrongful term; it's a contract breach. Different thing.

No LAW was violated by the termination - therefore, it is not a wrongful term. AT BEST, she has a contract violation, and ONLY that if she is covered under a union contract that specifically prohibits such a termination.
 
I never said a law was broken. Only that she potentially has a case, and that if the employer is going around stating that she was terminated with cause and this is resulting in her not obtaining other positions than she has a further claim against them. Termination is almost certainly covered by the MOU and there is almost certainly an appeals process within that MOU that is expected to be adhered to. Whether or not a substitute employee is covered on the MOU is the question.

As I said, I have been in and around a number of these cases with almost identical circumstances and never seen the state agency prevail when the former employee has fought it. But, that's the problem, the time and the frustration can make it difficult to pursue. And, in this case, we are dealing with a substitute (temporary part time) employee that lacks significant property rights to the position that makes any claim less valuable because one might have to estimate how much work she might have gotten over whatever period she claims ... that could be near zero hours, or it could be 40 hours per week. Who knows?

Again, she should consult her union and then a private attorney to see if it is worth the time and effort to pursue the matter.
 
If no law was broken, then she does not have a case for wrongful termination. A union contract violation, possibly. A wrongful termination case, no.

I can categeorically state that telling the employee one thing and the unemployment office another thing regarding the reason for her termination may well result in her getting unemployment, but it will NOT give her a successful defamation claim.

If she want to pursue defamation, that's up to her. It will cost her roughly what I said it would and take roughly the amount of time I indicated. Maybe the union can resolve this for her more easily. But that's the best she can hope for.
 
If no law was broken, then she does not have a case for wrongful termination. A union contract violation, possibly. A wrongful termination case, no.
I have never said otherwise.

But, termination in violation of a union contract is bad news out here. All sorts of rights - laws - apply when terminating a public employee and not adhering to certain rights which can include appeals and arbitration - see Skelly and Weingarten. This is why the property interest will be a key element of any argument. And if she was not a permanent employee, and can make no argument that she was, then these rights will not apply to her and she will have to result on other means to pursue a claim ... if any exist.

And if the employer is telling other prospective employers false statements concerning her performance and discipline, you bet she has a case against them! The problem might be in proving that negative - and false - comments on her performance or record were made.
 
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That is indeed the problem - and when it comes to employment references, the difference between false comments and negative opinion (which is protected and she can't sue for it) is a very narrow line.

I'm not saying she doesn't have cause to gripe. I'm saying that the costs of taking legal action against her legitimate complaint will very likely far outweigh, by many thousands of dollars, what she would gain.
 
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