Legal Question in Employment Law in New Jersey
I work at a college where i also take classes. Last semester i took a class that i failed. I was given a grade of F back in December 2010. Two days ago, both my bosses called me to the office to informed me that "suspiciously" my grade was changed from an F to a B. I have, nor have i ever had access to changing anyones grades, including my own, yet my one boss is acting as if i'm still to blame because the change was done on my record. She is also acting like the next step is to fire me. She informed me the matter is in the hands of HR and that, that is all she will say at this time. I told her that there has to be an investigation into who did this, but she cut me off and said she's sorry but an immoral thing happened and that is all she will say. She did add that i shouldn't be suprise with what HR is going to tell me and that the only reason she is telling me this, is because she doesn't want me to find myself off guard with what is going to happen next.
It was clear to me that I'm going to get fired even though i did nothing wrong as i have no access to changing grades at all. Someone please help. I need to know what steps should i take. I haven't even heard from the union rep. No one has contacted me and i'm feeling like i'm being setup. Everyone knows my work ethics and how dedicated of an employee I have always been. The person who found this grade change was my co-worker who has also gotten someone else fired in the past. She's also the one who has access to changing grades, but for some reason, she is not even being questioned or investigated. They won't tell me why. What are my options? What can i do to keep my job?
1 Answer from Attorneys
Thank you for your LawGuru question. The general rule of employment is: at-will. Which means, among other things, an employer can fire an employee at any time, for good reason, bad reason, no reason at all. And there is no legal requirement to investigate. There are some exceptions to the rule. One is where there is a contract which provides differently. Most, if not all, union contracts prohibit firing a member without good cause. If the union is not representing the employee as promised, the employee can report the matter to the National Labor Relations Board. Another exception is public employment. So if you work for state/county college, different rules may apply. This best way to protect yourself is to hire a lawyer to represent and advise you.
Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.
Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.
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