Do I have a right to submit a grievance against a school district for wrongfully stating that I resigned from the District seven years ago, but I have continued employment there for nearly 14 years

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Do I have a right to submit a grievance against a school district for wrongfully stating that I resigned from the District seven years ago, but I have continued employment there for nearly 14 years

Do I have a right to submit a grievance against a school district for wrongfully
stating that I resigned from the District seven years ago, but I have continued
employment there for nearly 14 years ago. I found out about my alleged
resignation nearly a month ago. I never wrote a resignation letter and when I
met with the HCI personnel they didn’t know what I was talking about. However,
the RTA personnel emailed me an electronic copy of a letter than was written by
their lawyer who no longer works for the District.

I was made aware of this when I looked on the resolution board and someone with
less seniority than I had with the same certification was rehired full time.

Asked on November 13, 2017 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Whether you have any rights as a former employee under your union agreement depends on exactly what that agreement states, which is something we do not know and cannot offer an opinion on.
Under the law generally, it is too late to take action: this would be a "defamation" action, or for making a false statement about you, and such actions must be brought within one year in your state. Therefore, you only have the rights, if any, given to you by your contract.


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