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Can I rescind my resignation from the NYC DOE? I was slapped…

Can I rescind my...

Can I rescind my resignation from the NYC DOE?

Lawyer's Assistant: Have you talked to a NY lawyer about this?

I was slapped with 3020a charges & on day 2 of my hearings, my lawyer & arbitrator strongly coerced me to resign

Lawyer's Assistant: What steps have you taken so far?

If not, I would be terminated and faced with a part 83 Hearing

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

No Ok thanks

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Answered in 40 minutes by:
4/28/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,319
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

How long ago was the resignation?

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Customer reply replied 3 months ago
April 23, 2018

Understood. Let me lay out what the law says about this in your state.

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...Upon written request, a pedagogical employee who has resigned may, at the discretion of the Executive Director of the Division of Human Resources, be permitted to withdraw such resignation for the purpose of reinstatement to service, regardless of whether the person was tenured or not on the date of his or her resignation, if:

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at the time of resignation, the individual had completed at least one year (or two full school terms) of satisfactory, regularly appointed service under the license; and

the license has not been invalidated and is not subject to invalidation for failure to satisfy requirements. If the employee was untenured at the time of resignation, a three year probationary period will be required.

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The law also says that, "a non-supervisory pedagogical employee who had attained permanent tenure prior to the date of resignation shall, remain tenured and, upon written request, be permitted to withdraw such resignation subject only to medical examination and the approval of the Chancellor, provided that reinstatement is made on or before the opening of school in September next following five years after the effective date of resignation. If reinstatement is made after this date, a two year probationary period will be required."

Do either of these situations apply to you directly?

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Customer reply replied 3 months ago
I have 20 years with the NYC Department of Education. I am tenured
Customer reply replied 3 months ago
I was served 3020a charged on February 25, 2018

Understood. Ok, so as long as your license hasn't been invalidated, you can withdraw your resignation to the Chancellor. Be sure to provide your statement as to why and make sure you've fulfilled the requirements as well.

Did you have any other questions for me regarding this today?

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Customer reply replied 3 months ago
My lawyer & arbitrator made me sign a resignation. If I didn’t, the Arbitrator was going to terminate me, revoke my teaching license, and pursue Part 83, which would have targeted my other license, thus leaving me completely unemployable
Customer reply replied 3 months ago
If I rescind my resignation, will I be charged with Part 83. By the way, I did not submit a written resignation

You know, because I don't know the exact terms of the arbitration, I couldn't tell you for sure whether they would charge you with Part 83. If they didn't have any reason to question your moral fitness before, then it's improbable they would do so now, but if they have evidence to do so, then they may do that so you should be prepared and speak with your lawyer before making any sudden moves.

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Hi, just wanted to check to see if you had any additional questions for me about this today?

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Customer reply replied 3 months ago
Their evidence is witness testimonies, so basically it’s their word against mine
Customer reply replied 3 months ago
is 5 years the statute of limitations concerning rescinding my resignation in NYC ?

Yes, all of the rules I provided apply to all educators in New York state.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,319
Experience: Licensed to practice before state and federal court
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Legal Eagle and 87 other Legal Specialists are ready to help you
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Customer reply replied 3 months ago
Can I have another lawyer answer my question? The final answer to my question ended on the terms that I should seek a lawyer for advice! I did not pay to be referred to a lawyer on my own time...I paid for a legal answer !
You can certainly get a second opinion. What you can do as you can open up a new question thread and provide a little background in another attorney can provide you their advice. It's possible that they may have some insight that I don't so you're welcome to ask as many times as you need.
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Customer reply replied 3 months ago
Hello
Customer reply replied 3 months ago
Can I rescind my resignation with the NYC DOE in anticipation of 3020a charges? I resigned on 4/23/18 (day 2 of my hearing) because my lawyer & arbitrator strongly advised me to since I was facing definite termination.
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,897
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, once a resignation has been submitted, the employer has the final discretion on whether or not you can rescind your resignation or not. Legally, no, your employer does not have to allow you to rescind the resignation from the second you submit it. If you have an issue it is with your lawyer who suggested this, but since you submitted the resignation, you are bound to it.

If it turns out your lawyer was negligent in advising you to resign, then you could seek to pursue your attorney for malpractice and seek damages from him, but only money damages, it would not get your job back I am afraid.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months ago
Can I rescind my resignation with the NYC DOE in anticipation of 3020a charges? I resigned on 4/23/18 (day 2 of my hearing) because my lawyer & arbitrator strongly advised me to since I was facing definite termination.
28 April 2018 01:14
Customer reply replied 3 months ago
Can I rescind my resignation with the NYC DOE in anticipation of 3020a charges? I resigned on 4/23/18 (day 2 of my hearing) because my lawyer & arbitrator strongly advised me to since I was facing definite termination.
Customer reply replied 3 months ago
Can I rescind my resignation with the NYC DOE in anticipation of 3020a charges? I resigned on 4/23/18 (day 2 of my hearing) because my lawyer & arbitrator strongly advised me to since I was facing definite termination.
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