Grievance

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Grievance

I filed a grievance against an
elementary principal during the school
year 2016-2017. I had a teaching job
offer in another school district I
believe I no longer have the position
due to the grievance. The new principal
has reviewed the grievance I believe
my name has been removed for this
teaching job offer.

Asked on August 11, 2017 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no inherent legal right to file a grievance, unless you have a contract, including a union or collective bargaining agreement, giving you that right, or unless your position is a government one subject to civil service rules allowing for grievances. In the absence of a contract or civil service protections, you are an employee at will and *may* legally be retaliated against for filing grievances (or, for that matter, for essentially any reason at all, since employees at will have no job protections and no enforceable rights in or to their jobs). 
If you do have a personal written employment contract, fall under a union or collective bargaining agreement, or are subject to civil service rules, you need to review that contract or those rules to see what your rights are in this situation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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