My mom has been working at a school for the mentally disabled for almost 3 years now. One of the requirements for the job is a GED or High school diploma. Well, when they hired her, they knew she did not have her her GED, they told her to keep a secret until she took the test. Now they just found out that the State is coming by to check up on the place like they do every year. The company is getting scared that the state will see they hired my mom without her GED or diploma and now they fired her for not having her GED. Is this legal? Could she sue them or take them to court? After all, they knew good and well when they hired her she did not have her GED.
2007-02-16 06:06:50 · 8 answers · asked by yahoocraze 3 in Politics & Government ➔ Law & Ethics
For Lucas the smartas$.... She has tried to get her GED, but when you haven't been to school in 40 years, its a little difficult. Besides, she has it now, but thats not the point.
2007-02-16 06:13:42 · update #1
Okay, No she doesn't have any written statements saying that she had to eventually get her GED or anything like that. To me, they should not have hired her, its that simple. Now, out of the blue, she is out of a job without a warning. No, it was not a teaching job, it was more like a classroom assistant, basically babysitting.
2007-02-16 06:18:00 · update #2
Because the school hired her knowing they are not incompliance with a state regulation, they could lose their licensing to operate by employing someone who doesn't meet stated requirements. It is legal in 48 states to terminate someones employment without a reason (at-will), Maine and California require a reason (just-cause). If the certifying body (the state) audits them and they found this information, they would require the company to fire her or lose their license.
2007-02-16 06:21:42 · answer #1 · answered by Amy V 4 · 2⤊ 0⤋
First of all I'm sorry for your mom's situation, but she has had 3 years to get the GED that they asked her to get when they hired her. I don't understand how if they had a yearly audit that they were able to hide the fact she was unqualified for the position this long. Are you sure they fired her because of the impending state audit or because they have given her 3 years to get the GED and still has not obtained it? It is not unusual to hire a person with conditions that they need to meet in one month or one year. She did not meet them.
Sorry
2007-02-16 14:30:18 · answer #2 · answered by meathookcook 6 · 1⤊ 0⤋
Jack C, the lawyer, has the right of this one, unfortunately. The world of at-will employment has never been just, fair or kind to the employee. If having a GED was a condition of employment - like being able to lift a certain amount of weight, or having a clean driving record, or being able to work weekends...then folks who don't qualify either aren't hired in the first place or are fired when the auditors show up. Yes, it's legal. No, it isn't right.
2007-02-16 14:17:43 · answer #3 · answered by Anonymous · 2⤊ 0⤋
I don't know the legalities of the situation. I think what they did was wrong, but I also think it is wrong for someone to be teaching children in a formal setting, disabled or not, without a high school equivalent education or better. I can see her being in a tutor situation, but not as an actual teacher. How long had she been employed without taking the exam? Was that any sort of factor? Just asking, not accusing. I wish her the best of luck.
2007-02-16 14:13:49 · answer #4 · answered by BigRichGuy 6 · 1⤊ 0⤋
Unless she had a written statement, indicating that the GED requirement would be waived in her case, I think she is SOL.
Secondly, if she is in California, then she is most likely an at will employee, which means her employment can be terminated with or without cause, with the exception of discrimination based on race, religion, age, sexual oreintation, gender, or physical handicap.
Sorry, but that is how the law is.
2007-02-16 14:13:11 · answer #5 · answered by Jack Chedeville 6 · 3⤊ 0⤋
Unfortunately it is legal... only because it is next to impossible to fight a firing.. the employer can state any reason for firing people. Most states are at will employment which means you can be hired and fired for no reason... Sorry hon
2007-02-16 14:15:43 · answer #6 · answered by mom_of_4 6 · 0⤊ 0⤋
Does she have proof that they told her to keep it a secret? If not your momma needs to stop whining and get her good enough diploma and find a new job.
2007-02-16 14:10:32 · answer #7 · answered by Anonymous · 2⤊ 1⤋
Just find another job and get over it. Do you know how much a lawsuit costs? I don't think you'd win this one either...
2007-02-16 14:15:59 · answer #8 · answered by Anonymous · 1⤊ 0⤋