Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

My wife was fired as a para-professional teacher's aid. She

Customer Question
developed cancer and had her...
My wife was fired as a para-professional teacher's aid. She developed cancer and had her hip replaced June of 2014. She went back to her elementary school, a building of 3 floors over 100 years old. The salary was 20k but SHE HAD FULL BENEFITS.
I'm on disability but have a Masters in Public Administration. My second job has to install an elevator in the Montclair Public Safety Building. Her work reviews have been perfect.
We want her job for next year.
The BoE is under a state cap. Its just money. A lawsuit should allow them to reconsider.
What are my options?
Rick Venanzi
Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 9 minutes by:
6/22/2015
Lawyer: Dimitry K., Esq., Attorney replied 2 years ago
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Verified
Thank you for your post. I am a licensed New Jersey professional and will do my best to assist you with your concerns.
While it may just be 'money', likewise a suit has to have a basis to be successful. What was the reason told to your spouse as to her termination? What happened, exactly? I need to know so that I could evaluate options, and whether or not a lawsuit is possible or if their termination was lawful. Please advise.
Ask Your Own Legal Question
Customer reply replied 2 years ago
NJ BoEs, as as any NJ public entity are under a cap from the State. Roselle Park fires ALL of their Paras every year so they will not accrue tenure. She has been there about fifteen years. She had not been in class for months... she has drop foot from the surgery. As someone who spent 25 years in municipal government, you don't fire someone who has $400k in medical bills.
Lawyer: Dimitry K., Esq., Attorney replied 2 years ago
Hi, I will go ahead and opt out as I suspect my answers and your beliefs may not be compatible. Hopefully a different professional will be able to assist. Please take care and good luck to you.
Ask Your Own Legal Question
Customer reply replied 2 years ago
Thanks for your time
Lawyer: Maverick, Attorney replied 2 years ago
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6,426
Experience: 20 years experience as a civil trial and appellate lawyer
Verified
Welcome. My name is Maverick. I very much enjoy what I do and I hope that you will benefit from the information or assistance that I provide.
Need a clarification or too please:
1. If they fire all there Paras every year, then how did she make it 15 years. Are you saying they fired her 15 times and then rehired her for the next school year?
2. What is your understanding of the REAL reason SHE was permanently discharged?
3. Was it due to her medical bills?
4. Does she have a disability that they do not want to accommodate?
Ask Your Own Legal Question
Customer reply replied 2 years ago
1. Yes.
2. It's a "budget thing". Yet they are making jobs for the Superintendent's friends/relatives. One teacher was discharged ONE DAY before her tenure kicked-in.
3. No. BC/BS adjusts your rate according to experience.
4. Melanoma caused her to have her lymph nodes in her left arm removed, 4 months later her spleen. And last year her left hip socket and pelvic bone was deteriorated. The surgery resulted in "droop-foot" or neuropathy. She walks with a cane and a brace on her left foot.We have 24 doctors on our cell phones. Prior to two years ago she was only out for 3 days to have her kidney stones blasted. She is the only Para in the school system with a teaching degree and active state certificate.Sorry I took so long. I have to make dinner and I am the houseboy. Her mobility is not what it was.
Customer reply replied 2 years ago
My wife will be 60 in August. The teacher's pension plan does not include the Paras past retirement. If she does go out on permanent disability, that would mean the Affordable Care Act.
Lawyer: Maverick, Attorney replied 2 years ago
Thank you for the follow up responses. I also want to apologize for my two typos that I just noticed.
1. NJ is an at-will employment state. This means that either side can generally end the relationship without any good reason. There are a few exceptions in the law that state that an employer cannot fire you based on things like age or race. They also can't fire employees who are under a contract without consequences.
2. If your understanding is that the REAL reason she is not being rehired is budget issues, then I fear there is not much that can be done by the way of a lawsuit.
3. If, however, if they are using budget issues as a pretext to cover for another REAL reason, then a lawsuit may be worth exploring. For example, you are saying that they still are hiring the superintendent's friends/relatives. This tends to indicate to me that budget is not as big of a concern for the employer as you may have initially believed it to be.
4. When deciding who to re-hire each year, the employer may not choose interview candidates nor make hiring decisions based on discriminatory factors, such as age, race or gender. They also cannot base such decisions on disabilities your wife may have that are irrelevant to her ability to do the job.
So, based on the above information, you may want to speak with a local employment law attorney to explore the intimate facts and details of the circumstances surrounding your wife's denial and see if there is an attorney that is willing to take your case on a contingency fee basis. This will not be easy to find; but paying by the hour to prosecute such a case may be cost prohibitive as well.
While we are not permitted to refer a lawyer to you, you may want to contact your NJ state bar:
http://www.njsba.com/for-the-public/index.html
Please remember to assign a feedback rating so JA will compensate me for my time. You are free to ask follow-up questions thereafter at no charge. Please allow up to 24 hours for a follow-up response if I am signed off.
If, for some reason, you are not satisfied with the answer, I would appreciate knowing why so that I can try to clear up any misunderstanding that may have taken place and still earn a positive rating from you. If you would rather obtain a refund of your deposit, just let me know and I will inform JA on your behalf. Finally, you may request me in the future by beginning the question with "THIS IS FOR MAVERICK".
Thank you for using Just Answer.
Ask Your Own Legal Question
Ask Maverick Your Own Question
Maverick
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6,426
6,426 Satisfied Customers
Experience: 20 years experience as a civil trial and appellate lawyer

Maverick is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Does a employee sign a form once he is employeed stating he
does a employee sign a form once he is employeed stating he has a disability and if he does not and returns from a mental institution and is fired base on information that is provided on the release f… read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers
Question about no compete employment contract. Georgia
question about no compete employment contract JA: What state are you in? It matters because laws vary by location. Customer: Georgia JA: Has anything been filed or reported? Customer: no JA: Anything … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
Lower-level “at will” employees of a private CA research
Lower-level “at will” employees of a private CA research company are privy to confidential information that clients provide when they request services. If such an employee trades in securities based o… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Breach of contract EMPIRE TODAY- I have a contract for
Breach of contract EMPIRE TODAY- I have a contract for install and removal for flooring. It's day 35! The disaster started 1st day, the salsa person measured incorrectly the worker showed up- yelling … read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
When an employee is provided a domicile apartment at their
When an employee is provided a domicile apartment at their workplace, … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Is an employer required to provide ex-employees copies of
Is an employer required to provide ex-employees copies of their timesheets after the employee is terminated? … read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
Is it legal for a private employee to blanket test
Is it legal for a private employee to blanket test employees? There is no advance warning, but all blanket tests are performed each year at the same times, it is just accepted, but not written in empl… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
Doe gave contract to Client for party planning services by
John Doe gave contract to Client for party planning services by John Doe Events. Throughout contract, services are specified to come from John Doe Events, rather than from John Doe personally, and Cli… read more
Lori
Lori
Juris Doctor
312 satisfied customers
I entered into a contract with a LLC. The person that signed
I entered into a contract with a LLC. The person that signed the contract is not listed as the Manager for the LLC in the State of Florida. Can a fictitious Owner sign a binding contract for a Company… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I'm a contract employee but on the website as sales
Hi Pearl I'm a contract employee but on the website as sales director, and am supposed to participate in meetings. Can I refuse the meetings if I'm a contract worker? … read more
Damien Bosco
Damien Bosco
3,395 satisfied customers
Is an employee handbook a contract in Oklahoma? I am not
I am not sure to say "at will" since I don't understand what that means; however, I was full-time. Is this something that yu are asking me to kook up in the employee handbook? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I worked as a contract employee (GRA inc) for about a year
I worked as a contract employee (GRA inc) for about a year and a half. And our contract was with the Defense Health Agency. So basically I'm a contractor working for a federal government agency. I und… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I own a small company with 11 employees. One employee wants
I own a small company with 11 employees. One employee wants to take some time off for the birth of his child. As a small company, do the FMLA rules apply? does this employee have the right to take up … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I am a 1099 contract employee living on NC. I am contracted
I am a 1099 contract employee living on NC. I am contracted with a publishing company headquartered in Chicago. There are a lot of issues with this company. However, the most recent has caused me some… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Is it legal to be both an employee and a contractor for the
Is it legal to be both an employee and a contractor for the same business owner? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
The hospital I work at of appx 350 -500 employees contracted
The hospital I work at of appx 350 -500 employees contracted to build a new rehab hosp on the property. This caused 300+ employee to lose their hospital parking and relocated us to a field a mile and … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
An employee of mine signed a contract when she is neither
An employee of mine signed a contract when she is neither authorised to do so or has the authority. Only one person may sign contracts and that is the Managing Director.The contract is almost a scam i… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
I am a contract 1099 employee is CA. a co worker is suing
i am a contract 1099 employee is CA. a co worker is suing for sexual harassment and her attorney has asked to speak with me. I do have to inform the company that her attorney wants to speak with me … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x