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I was recentlyhired by a school district as a teaching

Hi, I was recentlyhired...

Hi, I was recentlyhired by a school district as a teaching assistant. However within the first few days of being hired I went out an celebrated with some of my buddies and became so intoxicated that I blacked out. In this state, I caused a scene and have now been charged with assault and battery. Since that day, I have been sober, going to AA, as wells as going to a University Hospital Addiction Treatment Facility. I am doing everything possible to change my life around, I was informed by my parents who are both long term teachers that I would not have to inform the school district about this because it is not a felony and not a sexual misconduct charge. However I have just been put on administrative leave. Can I have any information on what will happen next

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

I have yet to be called by HR, but I left a message for them and they said the person who needs to call will as soon as possible. I asked my current lawyer about it some time ago and he said he was not an education lawyer so he wasn't sure. that is when I asked my parnets

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I do not belong to a union yet, I just started working here, however I have the union reps number and can set up a meeting with him

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

I will be looking to apply for a prosecutors deferral after the 6 month probation

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Answered in 1 hour by:
3/23/2018
Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,198
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. Can you tell me what state you are in so I can prepare a more thorough response for you.

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Customer reply replied 4 months ago
Michigan

Thank you; I am working on a response now and should have that to you shortly.

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I am sure this is a very stressful time and it is great you are taking affirmative steps to address the situation. As a preliminary matter, you are on the right track to schedule a meeting with a union representative. That person may be in the best position to know what your rights are within the Michigan school system. I did review the state law found at the link below and reviewed all the crimes listed that were to be reported upon conviction (not necessarily arrest) and your parents were correct that felonies and sexual misconduct are included, as are violations related to minors and alcohol and certain breaking and entering and larceny charges, but I did not - in my review - see assault and battery on that list. This statute obviously relates to teacher certificates and not directly to your employment or position as a teaching assistant, but is a good guideline.

http://www.legislature.mi.gov/(hzka3q2cfmj4r0vc4mdmp055)/documents/mcl/pdf/mcl-380-1535a.pdf

You have also taken steps to address the issue via the alcohol treatment and looking for a way to address the criminal charges. There is no guarantee this will not ultimately jeopardize your job, but it seems you are taking all the steps necessary to address the issue. Your union representative, once you join and meet with that person, should be able to provide more information on what will likely happen while you are on administrative leave, but generally an investigation will occur into the charges and circumstances. If other district employees were present, they will likely be interviewed and there may information requested from you regarding your alcohol use (to determine dependency). If you are not satisfied with the information or assistance of the union representative, it may be worth meeting with a local attorney who handles education law matters.

I hope this helps. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 4 months ago
Simply giving me this answer is calming to my peace of mind. Even if it isn’t the final outcome, what you have said has put me in a much more positive state of mind. Thank you so much for your help. I will work towards meeting with the people you suggested.

You are very welcome. It is truly impressive how much you have already done to right this situation. Best of luck and let me know if I can be of any further assistance.

Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,198
Experience: Member at Keefer & Keefer LLC
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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