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I have been teaching school for 35 years and I am in my

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I have been teaching...

I have been teaching school for 35 years and I am in my 36th. Today I was called down to the Principals office and the Principal said, "tell us what happened". I said, "What happened when?" She repeated her comment. I said I don't know what you are talking about. She said, "You choked a child!" I said, "What?" She said a 3rd grader came to her and was crying and said that I choked her. I was shocked. I explained to her what happened. I went to speak to a student and she yelled at me, "I was not talking." I was very surprised by her tone and her response to me. I said young lady you do no talk to a teacher that way. I said let's go. So I took her by the jacket (I believe it was her sleeve but I am not sure exactly where).I escorted her from her chair to another chair and told her to sit there and I would be right back. She began to cry. I went back over and sat her on my lap and asked her what was wrong with the way she spoke to me. We talked for a while and I explained to her that a child does not yell at an adult. I hugged her and told her to go back to her computer. She did and I gave her a tissue. She stopped crying. Administration said that she told her teacher that I chocked her. The teacher sent her to the office. The school has a video camera. They did see the video yet. They said that they had to call her mother. I told them that I am shocked that they would think that I would even do such a horrible thing. They acted as if they were accusing me without any evidence. I went back to teacher my class. After school I went back to the office to see if they found the video. They were working on it. I am livid that they would accuse me. I know for a fact that the video will show that I in no way choked the student. I think this is definitely defamation of character. I have to wait until Monday to find out about the video. I would have never in a million years thought that was the reason that I was called to the office.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time. No union. It is a charter school.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so.

Submitted: 8 months ago.Category: Employment Law
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Answered in 2 minutes by:
11/9/2017
Employment Lawyer: Loren, Lawyer replied 8 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,718
Experience: More than 30 years in legal practice.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

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Employment Lawyer: Loren, Lawyer replied 8 months ago

Are you asking if you can be defamed by a 9 yr old student?

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Customer reply replied 8 months ago
No I am upset that my administration would take the word of a child over me. That defamed my name.
Employment Lawyer: Loren, Lawyer replied 8 months ago

Thank you for the additional information. I am sorry to hear of the trouble. I can understand how distressing this is for you.

Unfortunately, the school has a legal duty to follow up any report, just as you do, of possible physical abuse. They are mandatory reporters. Likewise, if a child came to you complaining that they were assaulted you would be legally required to follow it up or pass it on.

I would not take it personally, yet, and when they see the tapes I am sure it will be resolved in your favor and they can have a serious discussion with the child and parents about making false accusations.

It is not defamation, however.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this.

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Employment Lawyer: Loren, Lawyer replied 8 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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