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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17223
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I am a NYC teacher. The principal is trying to have me fired.

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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.

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

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