Personnel file and Contract
This is a discussion on Personnel file and Contract within the Hiring, Firing, Wrongful Termination forum, part of the LABOR & EMPLOYMENT LAW category; I work in collegiate athletics. I was hired over a year ago and signed a 1 year contract to run ...
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I work in collegiate athletics. I was hired over a year ago and signed a 1 year contract to run two athletic programs. My contract expired July 1 of this year. I was told in February that I was "their guy" and my contract will be renewed - verbal assurance from the Athletic Director. I never received my contract renewal to sign.
I work in an at-will state. A small group of athletes requested a meeting with the schools president during an "open forum" meeting in April. They convinced the president that I should be fired. The president contacted the AD and discussed this at which the AD supported me and my job was securied. At the same time, without knowledge of the individuals who approached the president to request my termination, I dismissed one of those individuals for various reasons pertaining to their actions throughout our season. Several months have transpired before I knew who the participants were that meet with the president in April. The individual that I had dismissed, did not inform his parents until October of his dismissal from the team. His parents took no action or made no efforst to inquire about his situation until October. This athlete told his parents that I "retailiated" for his actions in the "open forum" and as such he was dismissed. They met with the president. I was not present for the meeting between the athlete, the parents and the president and therefor do not know what was said or discussed. I was informed by the AD that I would be called into the meeting but never was. I was fired three weeks later. The explaination was vague - going in another direction. I have been told by several collegues that, with the exception of one sport, no coach is ever fired at this school based upon team performance or player evaluations. The AD has stated to me that player evaluations are never grounds for dismissal either. The AD stated on the day of my dismissal in a meeting with my players that the individual I released in april (called him out by name) was to return to the team. In a seperate meeting a few days later, I was told that the AD specifically stated that he had no personal issues with me and felt that I performed my job very professionally. I have always felt uneasy since that April day when the president of this school inquired as to why the athletic department had not taken steps to dismiss me. I was never given any warning, just a vague summary that such a meeting took place between a few athletes, a vague summary of topic - wanting me fired, and a vague summary of the insuing conversation between the president and the AD that followed regarding my job status. I feel that the president has had an "ax to grind" with me since April and this provided the president with the means to dismiss me. I feel that the loss of my job is retailiation by the president to save face over accepting a private meeting with these athletes following an "open forum". Questions: I do not have a copy of my original contract. This school that I worked for is a private school. Is it within my legal rights to request a copy of my original contract for my records? Is it required by law for the school's human resources department to provide me with a copy of my personnel file if I so request a copy? From what I remembered within my contract, I am required to "buy out" of my contract if I chose to leave. According to the AD at the time of my firing, the contract is not a contract but rather a "work agreement" and that I am not entitled to the remaining 7 months of pay that would run out the my second term. Is this possible to have a buy out without having a payout? I realize burdon of proof is on me. Do I have a case? I would really like to know. Thanks |
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#2 |
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Yes they must give you a copy of your contract and main file documents.
They can be sued if they do not. If it is indeed a contract you may have greater rights. If there is no contract there is not too much you can do here. Why do you not have a copy, btw? |
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