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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4999
Experience:  Extensive experience representing employees and management
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I was only three years from my full teachers pension, but

Resolved Question:

I was only three years from my full teacher's pension, but forced to retire due to the emotional and physical stress caused by the constant bullying and harassment by the principal. He has since been removed from the school. Is there any way to seek damages for the 1000 dollars a month less I'm forced to receive for life now because I left early?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Do you believe that the principal discriminated against you due to a protected characteristic (such as race, gender, national origin, ethnicity, or sex)?

When did the harasment occur?
Customer: replied 1 year ago.

The principal was nothing more than a bully who at 48 years old did not have any respect for older teachers. I am African American, was 59 and had been a teacher for LAUSD for all most 23 years. Three years from full retirement . The principal decided I should find another school to finish out my time. I tried so hard , but due to the economy, other teaching positions just weren't there. So he decided to force me out through a measure of threats, after school meetings in his office where he was verbally abusive and at one point, picked up a chair to hit me. I became a nervous wreck and finally had to go out on emotional illness leave in October, 2011. I never returned to that school. I developed shingles several times over the next few months and the stress created a perfect environment for a skin disorder, I never knew I had called Hailey-Hailey. I became so sick I prayed to God I would just die. Finally after using up all my sick days I retired, unable to physically get out of bed. I could no longer live in California because of the reduced pension and was forced to relocate to Arizona where the heat is torture for a person with Hailey-Hailey. Every first of the month I am reminded of being short changed after working so hard for 23 years as an excellent teacher. It hurts me so much. It just doesn't seem fair and to now know the district replaced him, it hurts me even more.


 


Pamela McCoy

Expert:  Joseph replied 1 year ago.

If you believe that you were discriminated against due to your age, you should file a complaint against the principal and LAUSD for discrimination in violation of the Age Discrimination in Employment Act and/or the Fair Employment and Housing Act.

You can file a complaint with the Department of Fair Employment and Housing using the information available online here:

http://www.dfeh.ca.gov/Complaints_eCompProc.htm

You can file a charge against your employer with the EEOC using the information available online here:

http://www.eeoc.gov/employees/charge.cfm

I would suggest you do so as soon as possible, since you only have a year to file a complaint with the DFEH, and 300 days to file a complaint with the EEOC.

The DFEH and/or EEOC will investigate your complaint on your behalf and either file suit on your behalf or issue you a 'right to sue' letter so you can pursue your claim against your employer and the principal through a private attorney.

In addition to those measures, you would also have a cause of action against the principal for negligent and/or intentional infliction of emotional distress, in which you could pursue compensation for your lost pension, due to being forced to resign due to the principal's behavior.

This is a difficult cause of action to prove, but considering your situation, it would be worthwhile to pursue.

If you do hire an attorney to represent you, I would suggest that you hire an attorney on a contingency basis, so you only have to compensate the attorney if you receive a settlement or a verdict in your favor.

Joseph, Lawyer
Satisfied Customers: 4999
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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