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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 91329
Experience:  20+ Years of Employment Law Experience
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According to Section 3031, I had the right to receive a written

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According to Section 3031, I had the right to receive a written statement of the reasons I had failed in being appointed for the tenure position; I had the right to meet with the district clerk to elaborate a response within a week; I had the right to have my mentor involved in the discussion, and I didn't have any of this. I never requested it, because when I received the letter my principal told me that the decision was final, and that I could not do anything about it. I dropped the case, but now that I had the time to review exactly what these two sections mean, I realized they did not follow through what the sections are asking for in order to deny somebodies tenure.
Do you think I can still do something about this?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

How long ago did this happen?
Customer: replied 1 year ago.


I received the letter on April 8, 2013, I was terminated on June 30th


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

If your school did not follow the proper procedure in denying you tenure and did not allow you to go through the process, you do have a claim against them. The issue is that in NY you must present a Notice of Claim to the agency within 90 days of the action that you are complaining of to preserve your rights to sue. Thus, you need to hurry as they will argue the action happened in April and your argument here is that it was not a final action until June 30, but the faster you get your 90 day notice of claim filed against them the better for your case. The court can only order in this matter that they take you back to follow the process, this does not guarantee you a position, it only guarantees that the 3031 process will be followed.



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Customer: replied 1 year ago.

If I could gained to go through the proper process, could I ask my resignation instead of having on my record the status of having failed to be reappointed to my position, and having failed to get the tenure?


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Yes, if you are able to get an order for them to provide you the proper procedural rights, you could then negotiate to resign instead of failing to achieve tenure.
Customer: replied 1 year ago.

 


Thank you,
Based on your experience, would it be worth it (the time and stress) to pursue this matter?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

It is only worth pursuing if this action against you in failure to achieve tenure will severely impair you finding another job. If you believe that the failure to achieve tenure would stop you from getting new employment, then it would be worth it to you, but if you are able to get a new job then it would be a long and costly process with an attorney to likely gain nothing more than the right to change your record to having resigned.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 91329
Experience: 20+ Years of Employment Law Experience
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Law Educator, Esq.
Law Educator, Esq.
Employment Lawyer
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20+ Years of Employment Law Experience