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  1. #1
    Join Date
    Feb 2009
    Posts
    4

    Exclamation Accusations Unfounded by Police, Yet Still Suspended

    My question involves labor and employment law for the state of: New York

    OK, bear with while I explain my predicament. I am 22 years old. I drive a school bus for a company that is contracted through the local school to provide transportation, i.e I don't actually work for the school. I am friends with the family of a fellow co-worker, including her children, one of which is 18 years old. I, along with other co-workers, have been invited to their home for BBQs and other get-togethers. OK, so I show up at work last Thursday, and am told by my supervisor that she needs to speak with me. I enter her office, where my union rep is also waiting. I am presented with the fact that I have been dis-approved by the school superintendent to drive for the district, and that I am on paid leave until further notice. I am also informed that my bosses boss, the regional manager, is coming to speak with me and conduct an investigation. Upon meeting with him further that day, he informs me what I have actually been accused of...having a sexual relationship with a 16 year old student. My initial reaction is pure anger at the fact someone is actually accusing me of something so heinous. It turns out that the student in question is this girl who I know through her mother at work, and she is 18, not 16. Someone anonymously reported me for associating with her, which was strictly a friendship. I have been to their home and played video games with her and her 2 brothers sever times. OK, so I go home on leave. The police are involved, and when they find out the girl is 18, not 16, they refuse to even file a report, and say that even had the allegations been true, their would be no issue. I have not heard from the regional supervisor yet, but I have been told by him that in his 22 years in this position, he has never seen a decision like this over turned by the superintendent. My question is this, since the police were involved and all allegations have been unfounded, what can I do to get my job back? Remember, I have not been fired per see by the company, but if I can't drive for the district, they will not have a job for me. I have received an informal apology from the transportation supervisor about the whole situation, and he has stated that he knows that the allegations are false, but it was not his decision to release me, and is not his decision to re-approve me. What do I do?? Thanks for your help. I am not really looking to sue anyone or make a quick buck, I just don't want my name to be sullied and I want my job back. These were serious allegations and I don't want anyone to have any possible reason to believe I have done anything wrong, and while I am suspended, I believe that is a good reason to believe I am guilty, which I am not.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Accusations Unfounded by Police, Yet Still Suspended

    The fact that the accusations were unfounded by the police does not obligate them to return you to work unless your union contract specifically says otherwise.

  3. #3
    Join Date
    Feb 2009
    Posts
    4

    Default Re: Accusations Unfounded by Police, Yet Still Suspended

    So I have no grounds for claiming wrongful termination? From what little research i did that i was able to understand, this is a classic case. I was accused of something, it was proven I didn't do it, and yet I am being let go for that very same thing. Maybe it's just my lack of legal knowledge, but I don't understand.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Accusations Unfounded by Police, Yet Still Suspended

    That's because your understanding of what constitutes a wrongful termination is incorrect.

    A wrongful term does NOT mean that you were fired for something you didn't do. It means that there is a specific law which prohibits the employer from terming you for the reason they did.

    What law are you claiming prohibits them from terming you?

  5. #5
    Join Date
    Feb 2009
    Posts
    4

    Default Re: Accusations Unfounded by Police, Yet Still Suspended

    I don't know, thats why I am here seeking help. As I stated, I am not very familiar with this type of issue. Essentially, I was asking if I have any ground to stand on here to aid in getting my job back.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Accusations Unfounded by Police, Yet Still Suspended

    Not under the law. As I have been trying to explain, there IS NO LAW that says you cannot be fired for something you didn't do.

    I have no way of knowing what protections you may have under your CBA. IF there is any protection under your union contract, you will have to learn about them from your union rep. Your termination was legal - whether it violates your union contract is something only your union can tell you.

  7. #7
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Accusations Unfounded by Police, Yet Still Suspended

    cbg and I are not immune to the wrongfulness of this situation.

    There just isn't a law that says they must do otherwise.

    This is most definitely a case where you gather as much as you can and place it in front of your union rep... get a copy of the girl's driver's license, a statement from her mom, a statement from the cop that refused to pursue it...

    anything you can think of....

    And then, unfortunately, they can still fire you... but at least you gave it a shot.

  8. #8
    Join Date
    Feb 2009
    Posts
    4

    Default Re: Accusations Unfounded by Police, Yet Still Suspended

    OK, I do appreciate all the input I have recieved from everyone, and I hope you don't think I was being brash, but I am in the middle of an obviously streefull situation right now. Thanks again.

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