Wrongful discharge in vilolation of the public interest and or differential treatment

I was fired from a position as a Corrections Officer at a state prison for juveniles. The collective bargaining agreement stipulates that "the probationary period for Juvenile Corrections Officers Shall be 365 days...[and] during an initial probationary period the, the employer shall have the sole discretion to discipline and discharge probationary employees and any such probationary action shall not be appealable through any grievance or appeal procedure contained [in the collective bargaining agreement] or to the State Personnel Board of Review (SPBR). The reason for my dismissal appears to be the result of a physical altercation that I had with an inmate. I contend that the inmate provoked me by using "fighting words" and that I defended myself in a reasonable manner to a reasonably perceived threat. The youth was uninjured. The state law enforcement agency which investigates such incidents, agreed with me and even brought a case against the youth to the prosecutor for witness intimidation and aggravated menacing (the same youth had punched me in the head several months earlier and had 100 extra days added to his sentence. He was evidently trying to get even with me). The prosecutor however wasn't interested. I had only served 9 months on the job so I have no right to appeal according to the collective bargaining agreement. I do not believe I violated any policy since the departments policy and the common law recognize the right of a person to defend oneself from attack. I have seen and heard of non probationary employees restraining youth and causing serious injury e.g. broken bones and not getting fired. Furthermore female employees are given differential treatment. I know of two females who punched youth in the face and were not fired and both of them were on probation at the time. If I didn't assault anyone but merely protected myself from a violent predator why was I fired for allegedly assaulting an inmate? Does this look like an action for wrongful discharge based on the theory that my discharge violated the public interest on the grounds that both policy and common law recognize a right to self defense? May there also be an action on the grounds that I was treated differently because I am not a female? Can there be a counter suit on the grounds that the department failed to institute reasonable measures to better control the youth. At the facility where I worked, Corrections Officers have extremely limited authority to exercise control over the youth. Every control measure must be accompanied by copious paperwork which usually gets snatched out of our hands by unruly youth before we can finish it.That's right we don't have offices, they got rid of them because they want us to interact more with these predators. Unruly youth are not isolated because this is deemed to be dehumanizing. 35-45 extremely violent predatory youth are housed in an open dormitory were they run around like maniacs and prey on each other. And two Corrections Officers are supposed to control them using "verbal strategies". So for example if I confront a youth when he is engaging in some malconduct and he gets in my face and shouts "fuck you you cracker ass pussy I'll drop your mutha fuckin jaw bitch ass hoe!" I am then supposed to redirect the youth by using verbal strategies. This type of incident is most likely orchestrated by a gang leader to distract me from some other more serious malconduct. Something needs to be done. If the people knew what was going on inside these facilities they would be outraged. Please help.

0 answers  |  asked Jun 4, 2009 3:13 PM [EST]  |  applies to Ohio

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