About a week ago, I was fired from my state job for political reasons. My boss's boss said that they had to let me go because I serve at the pleasure of the appointing authority which is the Governor and the Secretary of my agency. We had an election six months ago. I was told after the election by the CEO of my agency who was a held over from my former govenror that he wanted to keep me but he lied. My bosse's boss said the same thing. I told him in my exit interview that you guys said I have nothing to worry about as long as I keep to myself which I always do. My Boss's boss says I didn't know what the CEO of our agency was thinkng. Yeah right. They all claimed it was nothing against my work, it is because they wanted to clean house. I found out last weekend at my now former coworkers wedding that they are planning to replace my immeidate supervisor, myself and transfer him to another department with better salary.
2007-05-17 01:08:59 · 13 answers · asked by Contessa 2 in Politics & Government ➔ Law & Ethics
My immediate supervisor ticked off the Secretary of Transprt. and the CEO of our agency and our state workers comp fund by wanting to introduce legislation for reforming workers comp law. Therefore I paid the price. This had initiate my dismissal even further. I thought I was going to be let go after the fiscal year began. I was told in exit interview that if I don't make any ways to the media they will not give a bad reference. I was told by my HR manager from my agency that they just wanted me out of the way and I was a inconvenience. She said she shouldn't have said that. But I can't testify to this is because it would be hearsay. I think they used me all along after the election so they could get back at my immediate supervisor for his arrogance and stupidity. My immediate supervisor never comes to the office he hides in satellite offices so no one knows whats going on with me. So by firing me, that is his way of making him come to the headquarters to work.
2007-05-17 01:15:06 · update #1
If you are not a state civil service employee.
Then you have no right to the job.
Just because you were not replaced right after the election, doesn't give you any rights.
Thats one of the negatives of taking a politicial job.
Plus the fact that you can't sue the state government.
You have to have their permission to sue them.
2007-05-17 01:37:47 · answer #1 · answered by jeeper_peeper321 7 · 0⤊ 0⤋
If true, this is corruption. It is most likely against the state law, it is definitely against the US Constitution. your political beliefs are an extension of your free speech:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. "
Firing someone for their political belief (assuming it wasn't for a term that expired and is an appointment, etc.) is abridging your Constitutional rights. A law has been passed which allows this to happen or they are in violation of the law which protects you - one or the other. This is a serious labor law issue and I'm certain your state has addressed it in legislation or through some executive order.
Of course, politics is dirty and this happens all the time, so you may not be able to win if you don't have much evidence and they may lie and say it is for other reasons in court. If it is true and they were to tell the truth in a civil court, you would win.
2007-05-17 01:27:49 · answer #2 · answered by BAGOFSWAGS 5 · 1⤊ 1⤋
You could sue but you really don't have a leg to stand on. Although there is a chance you just might hit the jackpot and get a sympathetic judge, the defendant could probably afford a lawyer on a long term basis while you probably couldn't and use this tactic as a way to make you broke and unable to pay your lawyer before the ending of a trial.
2007-05-17 01:13:41 · answer #3 · answered by aikishou 2 · 0⤊ 0⤋
Not knowing your job, I would think that as a employee of an agency you would be considered safe. If you were appointed to that position you could be released at any time. I would discuss it with a lawyer versed in that type of litigation. Good luck.
2007-05-17 01:23:47 · answer #4 · answered by reinformer 6 · 0⤊ 0⤋
Did you have a contract? If not you haven't alledged any wrongful acts. At will employment is just that...at the will of the employer and employee...they can terminate you for any reason other than discrimination and you can quit for any reason with or without notice. If you had a contract and it was violated then yes you should contact an attorney.
2007-05-17 01:13:46 · answer #5 · answered by Dr. Luv 5 · 0⤊ 0⤋
The key and the ONLY relevant portion of your story is where you state that you "serve at the pleasere" of a hiring authority. That means when that authority changes, you can be out. Plain and simple. No additional reasons or explanation necessary.
2007-05-17 01:40:57 · answer #6 · answered by jurydoc 7 · 0⤊ 0⤋
If you serve at the pleasure of an authority, that means that your job was a political appointment.
You can sue, but you can just mail a huge check to a lawyer instead.
2007-05-17 01:19:33 · answer #7 · answered by Chief BaggageSmasher 7 · 2⤊ 0⤋
If your job was a politically appointed job, then yea you can be let go. If it was covered by Civil Service then I would take it up with the Civil Service Board first, then see an attorney.
2007-05-17 01:15:02 · answer #8 · answered by Anonymous · 1⤊ 0⤋
You may wish to have the Department of Labor step in.
The real problem is that by suing, you get down to a "who said what" situation and you could end up with nothing. By having a governmental agency come in on your side, things could be better for you
2007-05-17 01:17:24 · answer #9 · answered by Experto Credo 7 · 2⤊ 2⤋
Sucks to be you....
What I don't understand is why a state job has a CEO. Sounds like a bunch of BS to me, but regardless, you can't sue them.
2007-05-17 01:13:26 · answer #10 · answered by Anonymous · 0⤊ 0⤋