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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37100
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am related to a substitute teacher who feels he was summarily

Customer Question

I am related to a substitute teacher who feels he was summarily terminated with no warnings and without real just cause. To whom can I suggest he call? Certainly, there is no Union protection of substitute teachers as substitutes don't join the Union here in Hartford County Connecticut.
Submitted: 9 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 9 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

This is a fairly tough situation since a substitute without a contract is purely an 'at-will' employee who is not given much protection. What happened, exactly? I ask to best figure out what options, if any, may exist. Thank you!
Customer: replied 9 months ago.

 


First, the event over which the termination was said to be necessary occurred over a week ago. My cousin’s memory of that day is something he has tried to piece together as best he could. Certainly, being shocked about being let go from subbing in a meeting today did not help his memory. The assistant principal started of the meeting with an apology right off for never having met he before the day he was terminated.


 


My friend mentioned to a teaching assistant that a student may need a figurative spanking for behavior not in keeping with school policy. In his mind, this only meant to send the student to the office over the matter if things didn’t change. The Teaching assistant became really bother by this, and reported my relative in a negative light.


 


While my relative sees this report of him as being akin to character assassination, he understands that misperceptions are still perceptions – and for some people, their perception becomes reality.

Expert:  Dimitry K., Esq. replied 9 months ago.
Thank you for your follow-up.

So just to be clear, your family member believes that he was terminated based on the comments that he made which were taken out of context. Were those comments repeated to others or outside the employer?
Customer: replied 9 months ago.

As far as the teaching assistant is concerned, he has no idea whether they spoke only of this to the administrator or to others at the school. Two concerns he has are:


 


1. He doesn't know if a gag order has been placed on this TA by the administration or not -- and if so, has it been abided by. He never had met the said TA before.


 


2. However, when it comes to his searching for future employment, a contact with the school by a potential employer may provide a black eye to his effort to be hired based upon faulty feedback.

Expert:  Dimitry K., Esq. replied 9 months ago.

Thank you for your follow-up, Kent.

 

In that case please allow me to give your family member some possible peace of mind. Typically employers only disclose very few factors from past employment. Most, to avoid potential threats and suit over defamation of character, only disclose whether the person was ever an employee, the period of employment, and potentially the title. They generally do not disclose reason for termination unless it is public record (which is why I asked if anyone else was informed of the termination). Anything else simply creates a risk that if they do state something that they shouldn't have, the victim could turn around and sue for damages.

 

Hope that helps.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37100
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 12 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

At this time, no more information is needed. My relative has appealed the firing to the school board that the hearsay evidence of the firing is 1/2 inaccurate and 1/2 not true, but that it is potentially slanderous. They are investigating the so-called evidence. I don't know if they will stand by the vice principal's original flawed decision just because, or reverse the decision with a caveat. We'll see.

Expert:  Dimitry K., Esq. replied 9 months ago.
Kent,

I wish your relative the best in appealing this termination. Hopefully it will go in her favor. Should you need me again, please feel free to reply and request me by name. Good luck to you!

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