How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask MaryMeadenEsq Your Own Question

MaryMeadenEsq
MaryMeadenEsq,
Category: California Employment Law
Satisfied Customers: 14454
Type Your California Employment Law Question Here...
MaryMeadenEsq is online now
A new question is answered every 9 seconds

I am a tenured teacher in CA, filed a complain of hostile work

Resolved Question:

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?
Submitted: 9 months ago.
Category: California Employment Law
Expert:  MaryMeadenEsq replied 9 months ago.

Hello there

-

-

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

-

-

MARY

Customer: replied 9 months 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? .

Expert:  MaryMeadenEsq replied 9 months ago.

Hello again Ronilo -

-

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).

-

Please let me know if you have any further questions.

-

MARY

-

Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid nothing unless you press a positive rating below. Doing so will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH

MaryMeadenEsq,
Satisfied Customers: 14454
Experience: 
MaryMeadenEsq and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    827
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    320
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3098
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    20
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.