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MaryMeadenEsq
MaryMeadenEsq,
Category: California Employment Law
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I am a tenured teacher in CA, filed a complain of hostile work

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I am a tenured teacher in CA, filed a complain of hostile work environment to my principal last school year. The Human Resource investigated, but not substantiated. Looks unfair for me.
I complained to DFEH for discrimination, case was closed due to no basis to proceed. I was on family leave.

My principal gave me negative evaluations and wanted to put me in program improvement. Union disagreed-principal should evaluate me two more times but never done because I was on FMLA for 6 weeks.

Principal was protected by HR. Parents went on strike - media and streets. She was then terminated.

New principal is doing the same thing. As tenured, I should have the seniority to move to a school that has a vacant position in math and science. I requested to HR but not granted.
Principal set me up for failure. Parents last year supported me because they feel their child is safe with me. Parents supported me in the board meeting unexpectedly while they asked for the principal to be removed last year. They are still supportive.

- Awarded "Best Educator" 2010 and now they document me as a bad teacher.

I need immediate help to rebuttal my principal's charges of unprofessional conduct and insubordination after I cc my response to the Superintendent including some other charges which are not true. They gave me 10 days only (Tuesday next week)
-What's the best first thing to do?

Hello there

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What is your union's position on all of this at this time?

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MARY

Customer: replied 3 years ago.

Historically, we had a little bit strong union president but he quit. The new Union president starting 2011 is not so strong because almost everybody is scared for the return about of this HR. He is a manipulator and our superintendent was even advised to retire by the board . She trusted the HR on decision making that made her ineffective.


 


However, the new union president and the vice president emailed me back- yesterday saying they are referring me to CTA (CA teacher's association), Ara Prigian.) The union VP has witnessed and was invited in my classroom last year, and so he said after looking into my situation, he said it is discrimination issue/ which I doubt Ara can give me a lawyer.


 


What can we do if the union is weak? .

Hello again Ronilo -

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It does sound to me like you very well may have a discrimination claim here and if the union refuses to take up the issue and file a grievance regarding the matter, then your recourse is to file a complaint with the National Labor Relations Board -- the federal government agency that oversees unions in the US. In addition to this, it appears the federal government should be off of furlough soon because Congress signed a deal yesterday to get the government opened again. My suggestion is that you contact and file a complaint with the EEOC as soon as possible in these matters. What I am seeing is an HR department that did not want to do anything at the time the original complaint was brought -- but your dynamic has now changed because the original principal was run out of office and you have union support in these matters. Obviously, you can contact a local employment law attorney and pursue an actual discrimination claim in court, but that generally will cost you money on an hourly basis at first in order to get the matters heard before a court and most attorneys suggest that you file a complaint with the EEOC first in any event. If the EEOC finds in your favor they give you a "right to sue" finding letter that can be used against the employer in court and at that point most employers will settle the case rather than to face that finding in court. Using your union and the EEOC will not cost you anything -- but with the EEOC you must get a complaint into them within 180 days after the last adverse employment action against you (which would be a bad employment review).

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Please let me know if you have any further questions.

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MARY

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