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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5276
Experience:  Extensive experience representing employees and management
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I am being dismissed from Los Angeles Unified School District

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I am being dismissed from Los Angeles Unified School District based on false accusations of an alleged miscounduct with a student and I was sent home.this incident which was ivestigated by LA police and I was cleared. now the witch hunt started. the principal could not get me on that so he in calls me in the day I came back and sends me home again saying that I have been using racial slurs and profanity. but I was never informed of any specfic dates, specific students, specific times, and who was this profanity and racial slurs directed too. I have been working with UTLA (teachers union) reps, but they are in bed with the principal and LA PROMISE(a non profit organization) which started as a partenship but has turned into a dictatiorship and I do not believe the have my best interest mind. This group is now in charge of their own hirering and fireing and are getting rid of teachers because of age and senority for that reason only or on some trumped up chages and I am another one on their list to go. also I was hired by this principal as a long term sub subbing for my full time job. Fall 2010 to spring 2011 I was told by the principal the only way I would come back in fall (2011-2012) was to coach football so I did that to save my job! half way thru that season the head coach and I parted ways amicablly I might say. since I was not going to coach football I knew my teaching position was in jepordy. thats when the witch hunt began. he needed my position so he could get his people in, in with new and out with the old . My stull evals have been excellent through the years. I would like to sue LA unified and this principal for slander,liable and to clear my name (defamation of character). Also in question are teachers rights, whats happening to me and other teachers are simply based on heresay and innuendos! and since I have been pink slipped and am only a sub I even have no rights to fight this. If I had my permanent status I do not believe I would be in this mess!!!!
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

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

What question do you have regarding your situation?
Customer: replied 1 year ago.


can I sue the PRINCIPAL, LAUSD and LA PROMISE . or what can I do? what would suggest.

Expert:  Joseph replied 1 year ago.
Do you have any reason to believe the unfair treatment directed toward you has to do with discrimination based on a protected characteristic (such as age, race, gender, national origin, or disability)?
Customer: replied 1 year ago.


age for sure and the fact that I have very little rights since I lost my permanent status. lausd and this private non profit organization called LA PROMISE has been doing this to teachers at the high school for the last 3 to 4 years making certain teachers who they want out ,to reinterview for their jobs. some did and did not get rehired those that opted out of the reinterview and had enough senority were "placed" elswhere by the district.

Expert:  Joseph replied 1 year ago.
Hello Rowen,

You should definitely file a claim with the EEOC for age discrimination in violation of the Age Discrimination in Employment Act ("ADEA"). Also, if you believe that you lost your permanent status due to discrimination on the basis of age, you can request reinstatement.

(Unfortunately, not being a permanent employee is not a protected characteristic, so as long as you being made non-permanent wasn't itself discriminatory, you would not have a separate basis for a discrimination suit based on your employee status).

You can file a charge with the EEOC using the instructions available online here:

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

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

If the principal has made false and damaging statements about you outside of LAUSD then you can sue the principal individually for defamation of character. However, it seems to me that the more appropriate people to sue would be the ones (if there are) who actually made the false complaints about you alleging misconduct with a student and racist statements.

Other than age discrimination, your cause of action against LAUSD is pretty limited, since it's very difficult to sue a county employer for defamation. Also, bear in mind that you would have to prove that the allegations being made against you are false in order to prevail on such a cause of action.

I'm not clear on LA Promise's role, but if they have reccommended your termination or done anything to encourage your termination, you may have a cause of action against them for intentional interference with economic relations. Otherwise, I don't see much else you can sue against them.

I hope the above information is helpful.

Please let me know if you have any additional questions.
Joseph, Lawyer
Satisfied Customers: 5276
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you

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Joseph
Joseph
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Extensive experience representing employees and management