Fired while Contracted based on hearsay

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Latest post 10-01-2009 2:36 PM by Carlaj. 8 replies.
  • 10-01-2009 11:27 AM

    • Carlaj
    • Not Ranked
    • Joined on 10-01-2009
    • NJ
    • Posts 7

    Fired while Contracted based on hearsay

    I recieved a glowing written evaluation 9-18 from work and was told by head administration 9-29 that I was great at my job.

    not even 2 days later, I was called by the head supervisor on the telephone and said she had to "part ways" with my contract because of an email she recieved second hand regarding me from my immediate supervisor.

    Needless to say I was shocked because I was never asked about an email just told by head administration that they saw it and thought I should go.

    In the email it stated what the employee (immediate supervisor) "heard" about me and I was making it impossible for her to do her job.  The next thing I know the Head administrator fired me over the phone. My contract was set to end December 2009

    Any recourse?

  • 10-01-2009 11:47 AM In reply to

    Re: Fired while Contracted based on hearsay

    File for UC.

    Unless your contract has some just cause clause in it a to terminations I do not see you as having any leverage.

    Details of contract vary and matter a lot...

     

  • 10-01-2009 12:00 PM In reply to

    • Carlaj
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    • Joined on 10-01-2009
    • NJ
    • Posts 7

    Re: Fired while Contracted based on hearsay

    It was a contract based on/contingent evaluation and performance

     

     and I was fired based on a defamatory act of hearsay ie the act of what was heard and relayed got me fired

  • 10-01-2009 1:37 PM In reply to

    • cbg
    • Top 25 Contributor
    • Joined on 12-22-2000
    • MA
    • Posts 4,147

    Re: Fired while Contracted based on hearsay

    Duplicate post; also on Civil Rights forum.

    Hearsay has no meaning in employment. Hearsay only means anything in a court of law, and not always there. Nothing whatsoever prohibits an employer from firing an employee based on hearsay.

  • 10-01-2009 1:52 PM In reply to

    Re: Fired while Contracted based on hearsay

    If there was a valid employment contract then the basis of breaking employment would need to fall under the contract or you may have a good breech of contract point.

    Lots of engagement letters and employment policies despite what they apper to say are not really contract--buthe fact that yours says it has a specific end date suggest it just may be a real "contract."

    Now if you made a stupid comment that got repeated--could under the contract the  employer hold an instant performance evaluation and end the contract?  If so, employer may be able to argue inevitable clear outcome--you are history!

    Details in letter matter!

     

  • 10-01-2009 2:24 PM In reply to

    • Carlaj
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    • Joined on 10-01-2009
    • NJ
    • Posts 7

    Re: Fired while Contracted based on hearsay

    I am not an at will employee per say.  Even though in NJ an at will state I am a Contract employee and it says in the contract and instructor agreement that it is a "performance based evaluation" in regards to termination of the contract and failure to meet standard so could result in termination.

    Each contract for each class has an evaluation of which my lowest scores for the past year have been 9.67 out of 10 or better

    My marks were 9.67 out of 10 with 100% retention with understanding stated in contract that 70% was maintained or like stated before termination could occur. (there were no other reasons listed)

    Fast forward. I said nothing stupid. I did not talk to anyone. I was told I was fired based on an email from a supervisor. (I did not write it, the supervisor wrote in the email that she "heard" things about me.) 

    Based on defaming my character to a superior, I lost out on  4 contract classes despite the evaluation.

    Why have the  contract and evaluation for each class  if a good or bad evaluation can get you fired?

     

  • 10-01-2009 2:26 PM In reply to

    • Carlaj
    • Not Ranked
    • Joined on 10-01-2009
    • NJ
    • Posts 7

    Re: Fired while Contracted based on hearsay

    It does if its defamatory and causes harm to individual correct?

  • 10-01-2009 2:36 PM In reply to

    Re: Fired while Contracted based on hearsay

    Well if the contract sets forth performance based evaluation as the apparent sole exit critera you may well have a breech of contract point as no peformance evaluation other than the glowing ones took place and there was a clear ascertainable 70% standard.

    I presume you are a contract instructor?

    I suspect employer will try hard to assert that there are other criteria upon which you can be fired--and if employer has bigger guns and deeper pockets that may determine outcome.

    Go see a scrappy labor lawyer.

     

    (I was involved in hiring staff in such a contract operation in NJ and generally  my boss cared about  the bottom line first --whether instructor swore a blue streak was not an issue....)

     

  • 10-01-2009 2:36 PM In reply to

    • Carlaj
    • Not Ranked
    • Joined on 10-01-2009
    • NJ
    • Posts 7

    Re: Fired while Contracted based on hearsay

    Thanks to all insight. 

    I was just made aware of Educational Ethics Codes and Violations in the state of NJ pertaining to Administrators and Board Memebrs will be better suited

    I was also made aware under the NJ ethics codes that "instant" performance evaluations can not be made "unless" threat of harm or injury to anyone

    Last I checked what somebody "heard" never hurt anyone

    I love Ethics!

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