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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116139
Experience:  20+ Years of Employment Law Experience
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I am a kindergarten teacher. I have been bullied and

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I am a kindergarten teacher. I have been bullied and harassed practically this whole school year. It began when a nurse from my doctors office called my principal and told her about me coming into the doctors with a spider bite. She said I asked for pain meds. This nurses child was in my room. The nurse wanted her removed. This began the constant attacks on my teaching. Every other day I was asked to come to the office to be put down for one reason or another. I was constantly told I will lose my job.It became apparent that I was being attacked in order to be fired. This nurse and any parents they say made a complaint are all friends with the 2 school secretaries and the principal. I was put on an improvement plan with difficult demands. I have became physically and emotionally sick. I went to school one day not feeling well. The nurse took my blood pressure and it was drastically low. I was told by the principal to get someone to take me to the hospital or they will call an ambulance. I was in an emergency room dangerously dehydrated from not eating and drinking from all the stress. I was threatened not to miss work so I returned to school 2 days later.Iwas still very weak, tired but felt i had no choice. At the end of the day, I was meeting with the other kindergarten teacher and the first grade teachers. I was called out in the hallway. There was the SRO, principal designee, a police officer, and the school nurse. The cop began accusing me of being under the influence. I told them I am on pain meds for my arthritis and my recent visit to the ER. I was put through a sobriety test. I was made to go in a police car to a clinic to take a urine test. The test came back negative. The harassment continued when I was finally allowed to go back to work. They put a substitute teacher in my room with me to watch every move. One of my students whose parents are friends with office staff was called out to go to our book fair with his parents. A few minutes later, we had a fire drill. I was called into the office a day later and put on a suspension without pay as they said I did not report the student as not with me during the fire drill. I did that day tell the teacher with the walkie talkie to let them know he was at the book fair. My constant stress and depression from everything made it difficult to think and make decisions. I was told to get into a treatment program for help if I want to keep my job. Now I was prescribed medicine for my disability. I took my medicine as prescribed. I have worked for this county for 18 years. I have never had a complaint. I have always had a great reputation and test scores. My test scores last year were the highest in kindergarten. They started out this year giving me a class with 17 boys and 6 girls. All the major behavior problems were put on me. They never looked at ability testing of students, the number of behavior problems, or boy girl ratio as they do for all other grade levels. I communicated with them how what they were doin was causing me to be extremely stressed and depressed. I have had police search my house and harass me. MY reputation is ruined. They have ruined my career. I have become physically and emotionally sick over this. I cant go to a church, store etc. without parents questioning me. They say that the principal is telling them that I am going to be fired for having a dirty pea test. It was negative. Please I need help. I need some one to listen and help me all the union lawyers want is to get my job back in that abusive atmosphere. I believe that HIPPA, IDEA, and my 4th amendment rights have been violated. I have been ganged up on by principal, secretaries, one other teacher, SRO. They want to set me up. I hope telling you this story was not all a waste. I love teaching I have an EDS degree and have worked hard all my life. The students are the ones suffering and that breaks my heart. Please contact me, I am begging someone to hear me out. I cant even list in this note all that has happened to me. My #(###) ###-#### ***** private email is *********** That has a lower case L not a number 1.
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 for educational purposes only.
If the employer is discriminating against you based on your disability or perceived disability, this is contrary to the Americans with Disabilities Act (ADA, not the IDEA which applies to students with disabilities receiving accommodation in education) and you have grounds to file a complaint to the EEOC for the hostile work environment and harassment. The EEOC will investigate and will try to resolve the matter without you having to pay an attorney or will give you a right to sue letter which would then require you to get an attorney and file suit. If you do not want to go through the EEOC, you can file suit directly against the employer in the TN State courts for the hostile work environment claims with a local attorney representing you (State law forbids anyone on this site from engaging in any representation).
Also, the nurse releasing information to your school is a violation of HIPAA and also the TN law on duty of confidentiality of medical records. Under HIPAA you have no private right to sue, the only agency with authority to investigate and take action under HIPAA is the US Department of Health and Human Services and you need to file a complaint with them against the nurse. Under the TN confidentiality of medical records law, you can sue the nurse personally for her disclosing your personal health information and you can seek monetary damages for that breach including the emotional distress it caused you and you can get a local attorney to represent you on that, which you should do, at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com