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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 1285
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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my grandfather has worked as a teachers assistant

Customer Question

my grandfather has worked as a teachers assistant in special ed for the last 15yrs district in ca. He is 77 years young & gets up before 5am every day to go to make his 1hr bus trip to the school.(bless his heart) He is healthy & taking no medications. I have a hunch they may be wanting him out due to his advanced age. No abserlout proof of this...just hearsay from his class teacher. He & the teacher in his room were put on paid admin leave about 2 weeks ago. There were i believe 2 or 3 pathetic 'reasons' given. 1..He took a sports drink from a student & replaced it with water..(sports drinks are loaded with sugar & really exacerbate hyperactivity...espec in children with special challenges..i'm the one guilty of suggesting he replace sugar loaded drinks with health ones) 2. He infringed on a students civil rights by putting him in a wheel chair to transport him to the classroom when the student is quite capable of walking. He told me today that "the school will be having a meeting with him next Wednesday".. "A hearing?" I asked him. "I don't know" he said, "they just told me to come in with my union rep" Also, the school told him" he must stay in the house each day until 3pm as he is being paid".. "house arrest" i told him.."you are not a criminal"..."i read online one just has to be "available to go to work at the school if called in".. So I found a labor law attorney for him...very nice man...i suggested grandpa call the lawyer re "staying locked in the house" "The lawyer said there was a case where a teacher sued for "illegeal imprisonment"...& the case was dismissed..So my grandpa "better stay in the house all day as they directed." I am a medical person, not a lawyer ...however, I'm sure there must be civil law codes that cover these 'grey' areas of school district procedures & make them clear. Just like the other 'excuse for a man'.. a "mouse" more like it said.(the one who has no honor, gave u his word to pay u, then ripped u off". "breeding shows" my grandmother taught me..& i find it to be true.)..the school says "one must use only the services of the union rep at this time" no private legal representation....sounds like more propaganda to me. QUES a. CIVIL CODE STATUTES..CA...THAT COVER RIGHTS OF FULL TIME SCHOOL DIST. EMPOLYEES TO HAVE 1. BE SENT ALL CHARGES IN WRITING AT LEAST A FEW DAYS PRIOR TO HEARING?? (surely people are given some time to prepare a defense???) Grandpa has received nothing whatsoever in writing at this time. 2. RIGHT OF EMPLOYEE TO HAVE PRIVATE ATTORNEY PRESENT AT HEARING...?? 3. WHAT DO U RECOMMEND AS AN APPROPRIATE COURSE OF ACTION THAT WILL PROTECT MY GRANDPA'S RIGHTS & ENSURE THE BEST POSSIBLE OUTCOME FOR HIM Thankyou in advance. Shoni

Submitted: 3 years ago.
Category: California Employment Law
Expert:  Wendy-Mod replied 3 years ago.

I'm Wendy, and I’m a moderator for this Legal topic.

We have been working with our professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit.

I was checking to see if you had found an answer or if you still needed assistance from one of our professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.

Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, Tax, to Home Improvement, and more.

Thank you,
Customer: replied 3 years ago.

Dear Wendy

I definatley need some information on my grandfather case.

As i see it the education dept is a knight on a high horse with a shield & a big grandfather is a peasant in simple clothing.

The knowledge of your experts will at least give him a shield of some knowledge of the school systems legal procedures &, his rights while he is going through the process.

The hearing is set for only 4 business days away, & he still has received no charges in writing.

I understand your concern with assigning the appropriate lawyer.

From the little reading I Tina sounds as if she is very knowledgeable in this perhaps she might be appropriate for this question?!

Also, your fee of $44 was quoted when i chose moderate speed of answer from your company (which i'm assuming would be within 24hrs)

Perhaps, as it will be 2 days or more before receiving our answer (& therefore a leisurely speed rather than a fast or moderate one),you would be willing to reduce the fee accordingly.?


Thanking you



Expert:  Fran-mod replied 3 years ago.

Thank you. We will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
Customer: replied 3 years ago.

are you in fact going to answer my question please?

if so..would u give me a day/time when it will be answered?


Expert:  Wendy-Mod replied 3 years ago.
Hello again,

We are still working with our Legal professionals to find you the best possible match. Legal professionals each tend to have in depth expertise in only one or two areas of the law. So how quickly a question gets answered depends in part upon the nature and complexity of the question and the particular expertise and schedules of the experts on line. I wanted to touch base to see if you still needed a professional’s assistance.

Please let me know if you would like to continue to wait or if you would like to cancel your question at this time. We sincerely XXXXX XXXXX the extended wait time.

Thank you,
Customer: replied 3 years ago.

The hearing has been postponed for 10days...

yes i would still like an answer

thankyou wendy

Expert:  Wendy-Mod replied 3 years ago.

I'm sorry to say we have exhausted all our efforts at this time to find the right professional to assist you with your question.

While we were not able to assist you with this question, please keep in mind that JustAnswer has multiple categories, from Health, Pets, Computers, Taxes, Cars, Finance, to Home Improvement, and more, to assist you with any question you may need answered.

At this time, we can offer you two options. You can choose to either have us return your good faith deposit back to its original funding source OR you may keep your deposit in your JustAnswer account to use for a future question.

We hope you will consider us again in the future.

Thank you,
Customer: replied 3 years ago.

no problem. I found the ca civil codes related to the school district online. Also some other similar ques answered on your site.

Please refund the $5 deposit .

Thankyou for your time & consideration.