Unfortunately, I can only say yes...and no. You could present objective proof, if you have it, such as student scores. To discuss specific strategy you need to consult a lawyer who handles education law.
Are you an at will employee? Do you have an employment contract? A union with a collective bargaining agreement in place? Civil service or public employment legal protections? Has your employer voluntarily adopted pre-termination good cause processes?
If not, then you are almost inevitably an at will employee. If you are an at will employee without any of the above kinds of job protection, and your direct manager thinks you are doing a bad job, showing bad judgment, or otherwise not meeting expectations, then very likely you can be terminated. The kind of report you made last fall does not cause employment law protections to accrue to insulate you from termination.
No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.
Yes, an employer can legally do all of those things. However, as a union member you may be afforded an opportunity to prove them false. I would suggest consulting with an experienced employment attorney if you intend to attempt to do so.
This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.
Your union collective bargaining agreement (CBA) will contain provisions and procedures regarding the circumstances under which you can be terminated. The CBA needs to be reviewed to determine your rights. In addition, if you are a public employee, you may also may have additional protections against termination under the Civil Service Law. On the other hand, if you are an at-will employee with no union or civil service rights, you have no legal rights (other than unemployment benefits) if you are fired for being, in your supervisor's opinion, incompetent, unprofessional and crazy, unless of course you have an actual mental or emotional disorder, in which case you may have rights under the Americans with Disabilities Act and/or it's state and local counterparts. Furthermore, there is another important facet of this that has not been mentioned. You may have rights under the Whistleblower Law if you can show your supervisor's negative conduct towards you (including any prospective termination) is in retaliation for reporting the "scandal", provided the scandal involved health and safety, illegal conduct or your employer fraudulently billing a governmental agency. You need a comprehensive consultation with a good employment attorney.
Workplace health and safety regulations Employment Unemployment compensation Employment forms Employment contracts Employee rights Protections against employer retaliation Whistleblowing in the workplace Workplace safety Education law Termination of employment Types of employment At-will employment Civil rights