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Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16288
Experience:  13 years experience in employment law, unions, contracts, workers comp law
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I worked school system years. I was supposed to fufill a

Customer Question

I worked for a school system for 6 years. I was supposed to fufill a contract to get a master's degree in Library and Media Science in a certain amount of time. i didn't complete the master's degree. I held a current teaching license, or so I thought. In 2014 my license was up for renewal. I had all the appropriate credits to renew, more than enough actually. The personel department failed to turn in my renewal credits and didn't tell me and actually allowed me to teach an entire year without a license. I went to apply for jobs in June of 2015 to find a new position in another county/state. I then found out that my license was expired. It was not completed until October of 2015, well beyond any application window for teaching. I applied to and interviewed 4 different times for three separate school systems, and in another state. No one could find my evaluations. I was told by the school system they had been "archived" and we no longer available. I ended employment not a month prior. Between the licensure issue, and the evaluation issue I was not able to obtain employment. I had stellar evaluations. And had earned tenure in my position. I want to know what my next steps can be. Thank you
Submitted: 10 months ago.
Category: Employment Law
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Legalease replied 10 months ago.

Hello there -

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Does your union contract with the school system OR any written contract with the school system that you entered into with the school system actually require the school system to pay for your teaching license each year? This payment is not legally required to be made by your employer and generally speaking, if such payments are included with your contract, then the agreement to do so should be in writing somewhere because without a written contract regarding this benefit, then the school system does not have to pay it. Yes, if they have been paying it in the past and/or for all other teachers, then you can establish a pattern of payments being made on behalf of others and use this as ammunition in a lawsuit for defamation of character (you have claims here for slander (defaming another through the spoken word) and libel (defaming a character through the written word) because the actions of the former employer were enough to keep you from receiving later employment -- whether done deliberately or negligently.

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Now, such a claim does not rise to the level of an employment discrimination claim automatically -- in order to show employment discrimination where you would have an actionable claim with the Equal Employment Opportunity COmmission (EEOC) you would have to show a direct connection between any race, gender, age (over 40), religious, sexual orientation or disability discrimination as the underlying reason why the school has taken these actions against you. If you are unable to make the connection between unlawful discrimination and the intentional or negligent acts against you , then the EEOC would decline to hear the case and you will have to take the matter into regular civil court.

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My suggestion here is that your next steps to take are to speak with an attorney local to you and determine if you want to proceed with a civil lawsuit against the school system for breach of contract. your damages can be calculated by the time period where you have remained out of work due to their negligence in not getting the license in on time and not making the evaluations available.

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I hope that helps. To contact a local attorney you should search online for a local employment law attorney and use the State licensing division for attorneys website referral service. If you perform a search with your county and state and Bar Association Referral Service as the term. you will be directed immediately to the website. Please let me know if you have any further questions and let me know. If not, can you please press a positive rating in the ratings section immediately above this chat session. THANK YOU VERY MUCH !!

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MARY

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MARY

Customer: replied 10 months ago.
NC is not a Union state. I didn't need to pay for a renewal, the renewal is automatic IF the appropriate paper work is turned in. It was never turned in. They also allowed me to work illegally for a year, because I feel they knew they had screwed up
Expert:  Legalease replied 10 months ago.

Hello again --

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The right to receive the benefit of having the employer pay for your license fees is not a law or a right . it is an employee benefit just like all of your other benefits so unless you are able to demonstrate to the EEOC that you were deliberately discriminated against for one of the specific reasons stated above then there are no state agencies or federal agencies that can take a written complaint in a case such as this and review the matter and award damages because of their negligent actions. It is an old fashioned civil complaint where you need to file a lawsuit in the local county where the incident happened and proceed the matter to a jury trial if the defendant does not offer to settle the lawsuit brforehand.

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MARY

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