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 wallstreetfighter Your Own Question

wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16420
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
16356563
Type Your Employment Law Question Here...
wallstreetfighter is online now
A new question is answered every 9 seconds

I am a NYC teacher. The principal is trying to have me fired.

Resolved Question:

I am a NYC teacher. The principal is trying to have me fired. I have 3 consecutive unsatisfactory ratings and have been investigated for "employee misconduct". Ratings and allegations are based on documented lies. What laws does this abuse by the principal address? I am 58 years old with a 3 year passing rate avg of 97% with Title I students yet not one satisfactory rating for an observation in 3 years.
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation, considering that you have a hearing regarding your license, there is little legal action you can also take, except the following:

wallstreetfighter :

If you feel the statements and allegations are clearly false, I would consider a defamation lawsuit against the Principal, by doing this you force him to prove the allegations in Court, and he fails to provide evidence to support his statements he could be personally liable,

wallstreetfighter :

You may also have an age discrimination case against the employer, if you feel that your age is the reason for there treatment,

wallstreetfighter :

If you can prove the statements were false,

wallstreetfighter :

a defamation suit against the school district and principal, may be a good option,

wallstreetfighter :

as that may also force them to drop the license suspension hearing.

Customer:

CAN I INCLUDE THE ASSISTANT PRINCIPAL IN THE DEFAMATION SUIT WHO ALSO GAVE ME "U" RATED OBSERVATIONS CLEARLY AT THE DIRECTION OF THE PRINCIPAL

wallstreetfighter :

Yes, you would include all parties to the defamation claim,

wallstreetfighter :

I would also consider an age discrimination complaint as well, if you feel they are trying to remove you due to your age.

wallstreetfighter :

you may file a complaint with the Law Enforcement Bureau of the NYC Commission on Human Rights, located atXXXXX 10th Floor, in lower Manhattan. The Law requires that the complaint be filed within one year of the last alleged act of discrimination.


To schedule an appointment, please call(NNN) NNN-NNNN although walk-ins are accepted.

Customer:

THE AGE ISSUE IS A FACTOR BECAUSE I AM ONE OF THE HIGHEST PAID TEACHERS BECAUSE OF THE TIME I HAVE PUT IN AND THIS IS A FACTOR BUT RETALIATION IS ALSO A FACTOR BECAUSE I REPORTED IN THE BEGINNING SOME OF THE MISDEEDS OF THE PRINCIPAL WHO HAS INFLUENCE BECAUSE THE SCHOOL IS AN "A" RATED SCHOOL. CAN I COMBINE MY LAWSUIT TO INCLUDE DEFAMATION, AGE DISCRIMINATION, AND RETALIATION AND LET THE COURTS DECIDE WHICH ARE APPLICABLE?

wallstreetfighter :

No,

wallstreetfighter :

The age discrimination case has to be filed first with the City agency to investigate,

wallstreetfighter :

after they conduct an investigation, they may sue them or allow you to bring a separate lawsuit,

wallstreetfighter :

the defamation suit would be separate,

wallstreetfighter :

and can be filed right away.

Customer:

Is retaliation a legitimate claim if the principal's responses were acts of retaliation to my actions re: reporting his misdeeds to the supt. and my rebuttals which disagreed with his actions and brought to light the false statements that were made by the principal and the assistant principal.

wallstreetfighter :

If you made reports to the City or State regarding his actions, you would have whistleblower and retaliation protection,

wallstreetfighter :

There are primarily two (2) state laws which protect whistleblowers:

Labor Law Section 740 protects employees from any retaliatory personnel action against an employee because such employee discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer that is in violation of law, rule or regulation which violation creates and presents a substantial and specific danger to the public health or safety; or provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any such violation of a law, rule or regulation by such employer; or objects to, or refuses to participate in any such activity, policy or practice in violation of a law, rule or regulation.


Labor Law Section 741 protects employees from retaliatory action against any employee because the employee discloses or threatens to disclose to a supervisor, or to a public body an activity, policy or practice of the employer or agent that the employee, in good faith, reasonably believes constitutes improper quality of patient care; or objects to, or refuses to participate in any activity, policy or practice of the employer or agent that the employee, in good faith, reasonably believes constitutes improper quality of patient care

Customer:

reporting to the city or state, would that include reporting his misdeeds to the arbitrator at a "u" rating appeal hearing?

wallstreetfighter :

No, it would be a complaint to the State Licensing Board, or Attorney Generals office, OSHA, etc.

wallstreetfighter :

The law is listed above,

wallstreetfighter :

in your situation I would focus on the defamation and age discrimination cases,

wallstreetfighter :

retaliation is difficult to prove,

Customer:

thank you, XXXXX XXXXX have any more questions can I ask for you specifically?

wallstreetfighter :

You can ask for wallstreetfighter, and I can help you with your questions,

wallstreetfighter :

If satisfied with our service please provide us with positive feedback, thank you

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16420
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 7 other 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:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • 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
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.
 
 
 
Chat Now With An Employment Lawyer
wallstreetfighter
wallstreetfighter
Attorney
5830 Satisfied Customers
14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits