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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112719
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am a teacher and a student accused me of throwing

Customer Question

I am a teacher and a student accused me of throwing something at him, when an item fell out of a bag I was carrying and rolled. Another student is accusing me of saying something that i did not. The Principal asked me to leave and not come to school on Monday. I need legal advice, what are my rights and options?
Submitted: 8 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 months 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 you are a member of a teacher's union, they are bound and obligated to represent you. You have a right to representation by your union. Also, you have a right to present evidence to the employer that you did not throw something at a student and did not make any such statements. If there is only your word against that student and there are no witnesses or independent corroborating evidence, then the employer has nothing to substantiate the allegations on, but they have a duty to investigate and can suspend you pending the investigation.
If the union is not representing you, then you need to engage local counsel to show up with you when the employer calls you for any statement. You would also file an unfair labor practice claim against your union with the State Labor Board if you are under the union contract and they refuse to honor their contract to represent you.
You have a right to also file an appeal through the employer's appeal process if they take any action against you on this matter and if it gets to that point you would use a local attorney to represent you in any such appeals as well.

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