What to do if I was placed on paid leave from work because a colleague told my school that I had a record from 12 years ago, however the charges were dismissed?
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What to do if I was placed on paid leave from work because a colleague told my school that I had a record from 12 years ago, however the charges were dismissed?
In that talk where I was placed on leave, they said to provide any paperwork to prove dismissal of the incidents. They said they would be conduct an investigation on their end. I had passed 3 criminal background checks over the past 12 years so I assumed that the charges were expunged because they were dismissed. I was wrong but paid the fees to have the charges expunged. I went in for a meeting to turn in the proof of expungement paperwork, and they said that they were withdrawing my teacher contract for next year to “maintain stature.” Do I have a legal case for slander or wrongful termination?
Asked on June 21, 2015 under Employment Labor Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you have a written employment contract, including a union or collective bargaining agreement covering your employment, you need to reference that to see when, how, why, etc. they can terminate you. When there is a contract, its terms control.
If you do not have a written employment contract, you are an "employee at will" and may be terminated at any time, for any reason, unfortunately; employees at will do not have protectible rights in or to their jobs.
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