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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1824
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I work in a school with children who are emotionally disabled

Resolved Question:

I work in a school with children who are emotionally disabled . I filed for workman's compensation for a job related injury and ever since, I have yet to have my restrictions met that were set by the doctor. I have been brought into the office for re-injuring myself due to being left in the classroom by myself and I was put on administrative leave for allegedly doing or saying something inappropriate to a student which involved my cellular phone. I would like to resign from my job and need assistance writing a resignation letter for the state of Texas and possibly seek legal attention for both issues.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Brandon, Esq. replied 10 months ago.

Brandon, Esq. :

Hello, my name is XXXXX XXXXX it will be my pleasure to assist you today. My goal is to provide you with excellent service. Are you online with me today?

Brandon, Esq. :

While it is entirely your right to resign, you should highly consider against it. I say this because currently your school is engaging in discrimination based on your disability and retaliation based on you filing a workers compensation claim. Once you quit you loose the right to bring both of those claims against them. Instead, you should consider either 1) filing a claim with the EEOC, which can be done here:

Brandon, Esq. :

or getting a workers compensation attorney involved. If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.

Brandon, Esq. :

Additionally, if they were to engage in any adverse employment action against you then you would have additional recourse for retaliation based on the circumstances.

Brandon, Esq. :

If you decide to not go with an attorney then by filing a claim for discrimination based on your disability (your injury) the EEOC would launch an investigation and make sure that your accommodations were met under the reasonable accommodation test under the ADA.

Brandon, Esq. :

If however, you are insistent on just resigning (again you will loose your numerous legal claims) then a letter could look like this:

Brandon, Esq. :

Dear Sir or Madam: (name of the principal or hiring entity)

Brandon, Esq. :

Welcome to the chat

Customer:

Yes I am online

Brandon, Esq. :

It is with the deepest regret that I must retire at the close of this school year, ending my more than twenty years of service at (school name) on June 30, under the provisions of my contract. I assume that I will be eligible for any local or state incentives that may be offered prior to my date of actual retirement and I trust that I may return to the school at some point as a substitute teacher. (you can include why you feel you need to resign)

Brandon, Esq. :

Sincerely,

Brandon, Esq. :

Your name

Brandon, Esq. :

A resignation letter does not require you to have specific langauge. It simply ensures that you leave your current location on good standing. That is why it is also a good idea to talk about a positive experience or two at the school.

Brandon, Esq. :

Does all of this make sense?

Customer:

It does

Brandon, Esq. :

Does this fully answer your question today?

Brandon, Esq. :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

Customer:

my question is this ... If i do decide to go ahead and pursue legal action and I am fired and have on my record that I either verbally or physically abused a child in my care how will that affect me in any future employment searches and how will that affect my working for another school district in the future

Brandon, Esq. :

First, whether you resign or not they are allowed to put any true statement into your file. If this is false, then you need to make sure that you bring a suit against them for defamation. (them making a false statement of fact about you in your file). Any statement where you verbally or physically abused a child will drastically affect you in the future whether you quit or are fired.

Brandon, Esq. :

If any future employer calls up an old employer (likely if you are using them as a reference) then they will read out of your file. If this information is there it will likely preclude you from getting the job.

Brandon, Esq. :

If you did not do these things, then you would sue them for retaliation claiming that they are falsifying this report all because you claimed workers compensation.

Customer:

ok I do understand

Brandon, Esq. :

Have I fully answered your question today?

Customer:

what are my rights as far as finding out who allegedly made the statement that this supposedly occurred ?

Brandon, Esq. :

You are entitled to your employment file. As for finding out who made the statement, unfortunately there is no requirement that this information is shared with you.

Customer:

why is that

Brandon, Esq. :

That being said, if you brought a claim for defamation against the school if this is put in your report, they would have to supoena this person and get them to testify against you in order to prevent you from succeeding.

Customer:

Am I not entitled to face my accuser

Brandon, Esq. :

You are in a court of law

Customer:

Ok I see

Customer:

so just want to recap that you advise me to seek a workmans compensation attorney and possibly pursue a claim on my restrictions not being made and the false claim that was made against me correct ?

Brandon, Esq. :

Well technically I cannot advise you of anything because I cannot create an attorney client relationship with you. However, if I was in your situation that is what I would do.

Customer:

Ok thank you very much for your input I will consider it in making my decision

Brandon, Esq. :

Not a problem. I am glad that I could get you pointed in the right direction. Have I fully answered your question today?

Customer:

Yes you have , Thank you very much

Brandon, Esq. :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.

Brandon, Esq. :

Have a wonderful rest of your day.

Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1824
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 2 other Employment Law Specialists are ready to help you

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