Terminated for misconduct with no investigation?
(Idaho Falls, ID)
I worked for a school district. Records were changed using my online username. I denied being the one to make the changes when asked about it by my employer, and asked them to investigate what computer my username was logged into when the changes were made and they did not.
I was told that because it was my username it must have been me and I was terminated. The Idaho Department of Labor determined that the employer did not investigate and did not prove my misconduct. Can I seek to have a lawyer file a lawsuit to have my name cleared and for damages? What kind of case do I have? Thank you for any information.
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ANSWER for "Terminated for misconduct with no investigation?":
Julie (Idaho Falls, ID):
You state "The Idaho Department of Labor determined that the employer did not investigate and did not prove my misconduct." That is compelling information, but does constitute the basis of a lawsuit against the school district.
The school district likely has an appellate process by which an employee can seek recourse. You didn't mention whether or not you took advantage of that process. You must exhaust your appellate remedies before considering filing a lawsuit.
To have the basis of a defamation lawsuit against the school district would require you to show the statements made by the school representative were false AND that as a result you sustained financial hardship, or your reputation in the community was sufficiently damaged.
While you contend the school district wronged you, if there is any truth whatsoever to your having used your username as accused, a lawsuit would not only be dismissed, but the court would likely make you pay the school district’s attorneys fees as well as your own.
Moreover, without substantial proof the actions of the school damaged your reputation, or resulted in substantial financial hardship, you will be hard pressed to find an attorney to accept your case.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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