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I am a teacher who has been employed in a Massachusetts public

 
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  • Answered by:Jane Doe Deer
  • Employment Lawyer
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I am a teacher who has been employed in a Massachusetts public school district for eight years. Great evaluations. I was asked in 2006 to change my certification from English to SPED.   I have Email documentation from 2006 to present demonstrating that I have been trying through the district Human Resource person to straighten out my licensure with the state.... I needed the district to write a letter of experience to gain my licensure and they refused -- in June 08 -- saying that I should have taken courses towards licensure. I was terminated in September 08 -- b/c Mass state law says you need to waivered or licensed to teach and the state denied my waiver b/c I did not make substantial progress (take three courses a year) In Email documentation 4/08 I asked HR to let me know ASAP if the district would not provide a letter...they did not do so. The district wrote a letter of experience for me in 2006 that simply needed elaboration. State asked for it. They denied. Legal but uneth

 

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Boston, Massachusetts

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The district's under no legal obligation to write a letter of experience but they have for me and others in the past. I had a student spit in my coffee last year (and I drank it) and I was unhappy and felt unsupported and asked for a change of assignment...I feel that is why they dumped me by not writing the letter. I had a consultant (Phd) I worked with in the district for eight months write the letter in August but the state still indicated that the district need verify the consultant's role and they refused to do that, saying he was not a mentor for me. I have email documentation from supervisors indicating that I am experienced in all the things the state wanted..but they would not cross the Superintendent once he made his decision.

Submitted: 1684 days and 22 hours ago.
Category: Employment Law
Value: $30
Status: CLOSED
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Expert:  Jane Doe Deer replied 1684 days and 21 hours ago.

Thank you for contacting Just Answer. I look forward to assisting you.

 

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me.

 

There can also be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.

 

I need the following answered before I can answer your question. Sorry - it's a little bit of a different process from sitting in an attorney's office.

 

Can you please clarify what your specific legal question is?

 

I'll look forward to hearing from you,

 

Jane Doe Deer

 

Customer replied 1684 days and 10 hours ago.


Do I have a legal leg to stand on regarding wrongful termination? They asked me to switch certifications; I have been trying through them for three years to resolve/clarify what I need to do to get licensed...(All in Email documentation) and they are saying that state law does not allow them to employ me...so I am gone, and lost my tenure and sick time. The state is very clear that licensure is on the teacher -- but they (district) has in the past provided letters -- indeed even one for me -- but now they refused to do so and I feel it's because of an incident last year that resulted in my open complaints and requesting a change of assignment.

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Expert:  Jane Doe Deer replied 1684 days and 8 hours ago.

If you believe that the district's action was retaliatory, and can prove it, you can start by requesting a hearing. You may want to talk with some employment attorneys. But you said yourself that the district is under no legal obligation to write a letter. It doesn't sound to me as though you have a case.

Expert TypeEmployment Lawyer
Category: Employment Law
Pos. Feedback: 99.2 %
Accepts: 963
Answered: 10/5/2008

Experience: Atty. 24+ years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.

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