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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32237
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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I am presently on paid administrative leave from my teaching

Customer Question

I am presently on paid administrative leave from my teaching job and am about to be fired. I have done nothing egregious but had a bad school year in 2010 and 2011 which can,in part, be attributed to the medication I was taking for bi-polar disorder. I have since changed medications and I feel that I am doing much better. However I feel that I am the victim of a campaign of harassment and character-assassination being run by my school's vice-principal. Can you give me some advice on how to handle my situation? I am currently being served by a lawyer from my union but I have little confidence nor do I trust that this person has my interests as a priority.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

Have you requested a reasonable accommodation from your employer? If so, what was it and was it granted?

What is your specific question for me please?

Customer: replied 2 years ago.
Hi Tina,
My wife has informed me that I have to deal with the union lawyer first before I can engage the services of an outside lawyer. I had been meaning to ask for an accommodation from my school district but never got around to actually doing it. I've worked twenty years for this school district with satisfactory evaluations and absolutely nothing negative put in my file. Over the last three years the administration I have been dealing with has been able to create a file 2 inches thick to paint a portrait of me that is very much distorted and unfair. I have been the victim of a vice-principal (with known anger management problems)l who has been waging a campaign of harrassment and character assassination against me. I have little confidence nor do I trust that the union lawyer is actually looking after my interests but I have to go this route first. If this doesn't work out I am interested in acquiring the services of an outside lawyer.

Sincerely,

Robert xxxx

Expert:  Tina replied 2 years ago.
Hello again Robert.

I was off-line for most of the weekend, so I apologize for the delay in responding.

Even though you must proceed with the union grievance process, it IS best to retain a local labor law attorney now, especially one who has experience dealing with school districts.

The attorney can aid you in building your best case and preserving your issues for a complaint with the EEOC or state fair employment and housing commission, as well as a lawsuit if that becomes necessary. The earlier in the process you retain an attorney, the better chance you have of obtaining a successful outcome typically.

You should have requested a reasonable accommodation previously as that is normally a method for invoking your rights, so you have recourse if the employer discriminates you based on your disability.

The fact you did not typically weakens your case, but if you can present evidence that the employer treated you less favorably than similarly situated non-disabled individuals, that would normally provide a basis for seeking relief as well, as would evidence that the employer violated its own policies or breached your contract with them.

To make a cohesive and compelling case it is important you retain a local attorney now though.

I hope you found my answer helpful, even if the law is not in your favor; please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you.

Customer: replied 2 years ago.
Hi Tina,

It looks like I will not be getting my job back so I'm waiting to hear what the district is going to offer for a settlement.

One of their charges is immoral and unprofessional conduct. The only thing that I can think of that I've done that would even remotely be considered as immoral conduct is being a Republican in a San Francisco bay area middle school.

Anyway I'm having buyer's remorse for acquiring legal services on this web site. My wife would kill me if I pay you. I feel bad about it. Maybe I could pay you sometime later after everything plays out and I have a better grasp of what my financial future looks like. It looks like I'm going to have to shell out to this union lawyer because CTA only covers the first twenty thousand.

Sincerely,

Robert xxxxx



Expert:  Tina replied 2 years ago.
I don't know how to respond to that. I provided answers in good faith based on the amount you posted as a deposit and now you inform me that you have no intention of accepting my answers so that I will be credited for my time from the amount deposited.

That is unfair to me, but such is life.

Take care.

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