California Employment Law
California Employment Law Questions Answered by Legal Experts
I was an exchange teacher with a J-1 visa last June 2001. Complying all the requirements to get a working (H-1 visa) and with the support of the under performing school district in East Palo Alto, CA , I got my green card and work until now in the same district. Most of us foreign workers were not deducted a contribution for the STRS since 2001, school retirement system. Until last year, the San Mateo County according to the district found out that we were not deducted for STRS. The county deducted the STRS school contribution as well as the employees' contribution, which is high amount. We complained to CTA and as a group, we decided not to pay it back. The district wants us to pay back like for me $56,000. Other foreign workers wanted to keep silent because they are being sponsored for their visa. I already have a green card and is planning to file citizenship. Wat will I do?
Sorry, I was out for a while.
What information do you still need?
I think, I need to tell you that last year, I filed a discrimination complaint to DFEH and EEOC, but I have not forwarded enough basis to proceed, since, I was on FMLA to take care of my 93-year old sick mother for 6 months. The previous principal (which I think pressured by the HR to give hard time to most tenured teachers) gave me bad evaluations which i did not sign, discriminated, singled me out, harassed me. That principal is out of office because parents went on strike. I also spoke to the previous superintendent and when HR saw me, he yelled at me saying, "Why did I talk to his Boss!"
The new principal is doing the same thing. (Of course HR is retaliating on me). I handle 7 classes of 40-min period whereas, my co-6th grade classes handles only 3 classes with 80-min class. Based on seniority I should be given choices first and if there is some concerns, the principal should take care of it. There's a problem on classroom management in the 8th grade classes and not in the 6th grade classes. She has no support. Instead, she used the situation for writing bad comments.
My concerns are never answered even the Union officials, so I decided to cc my email to the superintendent. I saw the superintendent went to see her, but that very day she made and sent a certified letter with a return address from HR accusing me of insubordination and unprofessional conduct. The letter signed by the principal to answer it/rebuttal within 10 days.
I am drafting my EEOC complain. I am preparing myself, just in case they will terminate me, can they still ask me to repay the STRS?
Can they terminate me? How can I be protected while waiting for the EEOC's response? Should I leave? Can I file for a stress leave? I saw my psychologist last week, and I will have a phone appointment again at 5PM today?
There are a lot of teachers that do not like the HR. They will be happy if Lovelace,HR will go. Rumors last year, he will retire this December. I found out, he will not. We have a new superintendent and I hope she will bring her own HR. Should I file a FMLA again to take care of my mother? Can I do other work to earn for a living?
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