Q: It's wrong; but is it illegal?
I've been harassed throughout the school year. My new boss said I had an "agenda" because I sent two African Americans to detention repeatedly. She created chaos, promising no consequences to students & not allowing me to send students out, among other things. Four days after I filed a grievance, my principal forgot he told me not to worry, my job was safe, I was the hardest working teacher he'd ever seen, my performance results were up there with the best teachers, even if my job was ever in question, there's a 1-year "action plan." He told me he didn't want me back next year. A mock investigation absolved her from all charges.It's clear I was let go because of my grievance & her beliefs that I'm racist.(Absurd.) Can I do anything? Am I entitled to see transcripts of the investigation? Is this criminal? Is this small claims? Of course, no job = no lawyer $. NCDPI can't hire me now. My 15yr. career is over, even with a MA, consistently high student scores, & an impressive portfolio.
A:
This is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful only if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination. Although I see neither in these facts, you may want to consult an experienced employment attorney to discuss this more in depth.
As for your other specific questions, if you were public school teacher, then you will have access to your personnel file. However, the investigation report might not be a part of that file and, if so, you will likely not be able to get a copy of it. If you worked at a private school, then there is not even the requirement that they give you the personnel file. I see nothing criminal in these facts. Also, it will not matter what court you try to bring this in as you would need a legal theory that allows for relief in this situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
