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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
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Experience:  20 years of experience practicing law.
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My wife is a second year, level 2 teacher with the Albuquerque

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My wife is a second year, level 2 teacher with the Albuquerque Public School System. There is a tremendous unrest within the teacher ranks due to new laws requiring teachers be evaluated. The Union is preparing to strike. It is against NM law for teachers to strike, and Gov. Martinez has indicated that striking teachers may be arrested. My wife is an immigrant from the Philippines. She currently holds her release of conditions 10 year permanent card. If she gets into legal trouble during this period prior to her being scheduled for and actually taking the citizenship test we have been told that her permanent card may be revoked, so she will not strike. She was told yesterday by a union member that it would not be "a good idea" for her NOT to strike. I feel we are in a catch 22....if she strikes she may be arrested, if she doesn't she may be punished in another manner. Any words of wisdom for us?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Samuel II replied 9 months ago.

Hello

My name is XXXXX XXXXX I look forward to discussing this matter and providing you informatinn in this regard

I suggest that because she has so much at risk that she will have to tell the Union to pound sand because the Union cannot punish her. And I suggest that she should tell her Principal that she is going to try to get to work each day. That she will not be participating in the pickett lines.

Generally, there are police and other security at the lines to help escort those who cross the lines get into and from the buildings safetly.

So she should tell the Principal that she will be wanting to be protected as she crosses the line

She may be called names, and perhaps even have things thrown at her, but she will need to be brave and make the move

The other thing is she can talk to the Principal and see if she can simply take any leave time she has accumulated that she will not be participating in the strike or the pickett lines, but she is afraid of those on the line.

I am sorry that she has to face this situation. It is not an easy thing to do


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Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 21414
Experience: 20 years of experience practicing law.
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