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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 32798
Experience:  16 yrs. of trial experience
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Customer Question

my school is not cooperating with my military service obligations. I am about to fail a class because the teacher promised to work with my training schedule and now he has gone back on his word. is there any legal action I can take due to discrimination. he also referred to me as a grown ass man in front of the class what can I do
Submitted: 3 years ago.
Category: Legal
Expert:  P. Simmons replied 3 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

I am sorry to bear bad news. Under the law it is illegal to discriminate in certain cases (for example, if the discrimination is based on race/gender/religion/national origin or some other protected class).

Currently, when it comes to education, veteran status is not protected.

So it is not illegal discrimination by the school to ignore your service obligations.

It would be illegal if, for example, you worked for a company, got orders to deploy, and they refused to rehire you on return.

But there is no legal requirement for the school to give you more time based on your military obligations.

Again, sorry to have to bear bad news.

As for calling you a "grown as man"...not sure the context. If he teacher lied about you to others and this caused harm to your reputation, that can be grounds to sue for defamation.

And if you believe the teacher is being unprofessional, or is not treating you fairly, you can report this to the school dean or board of regents.

Customer: replied 3 years ago.

it seemed simple and not worth 20 dollars that is information I have already recived

Expert:  P. Simmons replied 3 years ago.
Sir, what it is worth is certainly for you to decide

I am a user of this site, just like you...I provide information to folks, like you, based on the assumption that they will pay when I provide the information they request.

In this case, you asked a question about the ability to take legal action based on the school's treatment of you taking into consideration your status as a veteran. I provided that information.

If you do not want to pay? Your call sir...again, all I can do is the best I can to help folks who present to this website requesting information.

Expert:  P. Simmons replied 3 years ago. I see you gave me a bad service rating.

No idea why...again, you asked a question, I answered and now you claim bad it simply you do not want to pay? Then please let me know so I can have this bad mark from my ratings do not need to give me a bad rating just because you do not want to pay.

Customer: replied 3 years ago.

you gave me information that did not help further me so I am left at square one. your information was not useful and it was very generic. you simply stated that what my school did was wrong( duh) and told me there was nothing I could do. as the subject matter expert here I would of assumed you might of had more avenues you could of explored that might of been a little more then a google sear. so I am sorry for you inconvenience.

Expert:  P. Simmons replied 3 years ago.
Sir, my point was, and is, that what school did was not legally actionable.

It is not illegal discrimination to not give you more time based on your veteran status.

Your original question was clear. You asked:

"is there any legal action I can take due to discrimination"

The answer to that question is no.

This is not based on a google search...this is based on my experience as an attorney, including my experience as a Marine Corps lawyer and my experience after retirement from the Marine Corps. It is a common misconception that schools must give preference to veterans...that is not the case.

Again, I am disheartened you felt it necessary to rate my service as bad.

I am happy to answer any follow on questions, but would request you rate the answer as something other that "bad" or "poor" so I am not penalized for attempting to assist you.
Customer: replied 3 years ago.

ucmj does not apply in civil matters so your years as a marine corps lawyer has no meaning in the civilian world. im sorry to have wasted your time but you were of no help to the relating matter hence the poor rating

Expert:  P. Simmons replied 3 years ago.
Sir, my years as a lawyer helping veterans like yourself most certainly is relevant. I have assisted in claims of discrimination against companies who have discriminated against veterans.

Again, if you goal is to get information and not pay for it, then you have certainly accomplished that.

Best of luck to you sir.

Expert:  P. Simmons replied 3 years ago.
Again, I wish you the best of luck sir

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