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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Hello- I am a private school teacher in the state of california

Customer Question

Hello-

I am a private school teacher in the state of california and I was put in paid administrative leave as of April 18 due to a police investigation.

During three weeks there was not much contact betweent he school and I, they argued they could not contact me be cause the police said not to do so. When they finally called me, two days ago, was to request a meeting.

I agree to the meeting. In the meeting they explained to me that there was no news on the investigation and that at this point their lawyer had advice them to ask me to resign. Since i was a risk to the school.
I said no. Because the investigation to my knowledge is not closed and nothing has been proven against me, since i did not do anything wrong.

Note also that the police has not contact me either. I called the investigator but he has not called me back. I dont know where the investigation stands.

The school told me I have one month to show i'm innocent by contacting the police and showing the report that says i'm cleared so i can have my job back.

What can I do?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Do you have an employment contract which sets out under what circumstances you may be terminated?
2. What have you been accused of?
3. Is it your belief that you are being discriminated against based on your race, color, gender, ethnic or national origin, age, religion, disability, marital status, sexual orientation or gender identity?

Doug
Customer: replied 1 year ago.

 


Hi Doug,


 


We do have an employee handbook. The handbook does not talk about paid administrative leave.


 


I was accused to have touched a girl inappropriate. The father said I touch her leg back in October and that in other occasions I have made the girl uncomfortable, the only example he gave when he confronted me was that she was wearing a sweater with a logo to which I put my hands together and said “does it glow in the dark?” but he did not said I touch her breast. The father argue that this was not the first time I had done this to a student and that other families had pulled from the school because of me. When the associate principals asked for names he said he prepared not to share. The father also said he was not going to called police.


 


The school called police and cps. According to what I was told CPS (child protection agency) said the accusation was not sustainable. The school called the police because they wanted to know who the other families were.


 


To certain degree I am in belief I’m being discriminated against because I’m a male and because of my age. There is another member in the staff that goes around pulls on girls pony tales but because he is an older gentleman no one thinks much of it.


 


Jorge

Expert:  LawTalk replied 1 year ago.
Hi Jorge,

Do you not have an employment contract requiring you to stay for the school year, and granting you the right to teach for the entire school year? Or are you an employee at will?

Doug
Customer: replied 1 year ago.


I'm an employee at will. and there is no unemployment since a non profit and they dont pay into unemployment.


 


I want to add also that the day before the meeting when i was asked to resign i was denied the school policy book by HR.


 


which i demanded to be given to me the next day during the meeting. I recieved it than.

Expert:  LawTalk replied 1 year ago.
Good afternoon Jorge,

Thanks for the additional information.

As regards XXXXX XXXXX to see the employee handbook, the employer did let you see it the following day, and that was legal. They must allow you to see your personnel file and employee handbook, but they do not have to grant you access immediately upon request, but may make reasonable times available to you---which they appear to have done.

As an employee at will, while you can refuse to resign, they can terminate you for essentially any reason---even an mistaken reason. At-will employees may be terminated for any reason—at any time, even a mistaken reason, they can have their hours or pay decreased and they can suffer a cut in their benefits, so long as it's not illegal or unlawfully discriminatory.

Unlawful discrimination would include an employer discriminating based upon a person’s Ethnicity, Color, Religion, National Origin, Gender or Disability.


You have stated that you believe that you are discriminated against based on your gender and your age.

CA law prohibits harassment and discrimination in the workplace and if this is happening to you, you do have a legal remedy.

Workplace harassment/discrimination is any unwelcome or unwanted conduct that denigrates or shows hostility or an aversion toward another person on the basis of any characteristic protected by law, which includes an individual's race, color, gender, ethnic or national origin, age, religion, disability, marital status, sexual orientation, gender identity, or other personal characteristic protected by law. A conduct is considered unwelcome if the employee did not solicit, instigate or provoke it, and the employee regards XXXXX XXXXX as undesirable or offensive.


In CA you have two possible avenues of approach to dealing with discrimination. If your goal is to ultimately sue in Federal Court, then you will file a complaint with the EEOC, and if you want to be in the CA Superior Court---local to your county---then you will file with the DFEH and, if you want to, with the EEOC as well. You must file a formal complaint of discrimination with the EEOC within 300 days of the alleged discriminatory act, and within one year for the CA DFEH.


You may file a formal complaint with the CA Department of Fair Employment and Housing alleging discrimination based on your gender and/or age.

To do this you must first make an appointment with the Department to be interviewed, either over the phone or at a local DFEH office. You may call the DFEH at(NNN) NNN-NNNN or apply on line by using the Department’s "Online Appointment System." The system will guide you through questions to determine whether an appointment is right for you.

Alternatively, you may file a complaint with the EEOC (Equal Employment Opportunity Commission). If your company has 15 or more employees (the DFEH only requires that there be 5 or more employees), they are prohibited from discriminating against you. To file a complaint with the EEOC, contact the nearest Equal Employment Opportunity Commission field office. To be automatically connected with the nearest office, call(NNN) NNN-NNNN EEOC website: www.eeoc.gov

Federal law specifically prohibits discrimination, based upon the Ethnicity, Color, Religion, National Origin, Age, Sex and Disability of an individual, with regard to hiring, promotion and firing.


After you file the complaint, your employer will be prohibited from any retaliatory action against you. The EEOC will investigate your claim, and 180 days after the filing of the complaint you may ask for a "right to sue letter". The EEOC will issue you the letter which gives you the right to institute a private civil action against your employer and seek monetary damages.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Jorge. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

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