School districts can be held financially liable in cases involving harassment, discrimination, and the wrongful termination of teachers. Under federal law, public and private school teachers have certain constitutional rights that prohibit certain forms of discrimination. Under the Fourteenth Amendment, public school tenured teachers are guaranteed due process when allegations of incompetence, illegal behavior, negligence, or dereliction of duty arise regarding their performance. Under Title VII of the 1964 Civil Rights Act, both public and private school teachers cannot be denied employment or promotions based on age, gender, race, sexual orientation, or religious beliefs.
NEW YORK TEACHERS – KNOW YOUR RIGHTS
More and more, the 3020-a hearing is being used as a cover to fire teachers that school districts don’t like. Since the 3020(a) hearing is not a legal proceeding, teachers are not represented by legal counsel. As a result, questions of discovery, evidence, and even due process are not always observed in a 3020(a) hearing as they would be if it were a legal proceeding. Therefore, teachers can be set-up and railroaded on trumped-up charges that have their foundation in dubious or prejudicial testimony, questionable documentation, and the self-serving judgment of school officials.
PROTECTING YOUR RIGHTS MEANS KNOWING YOUR RIGHTS AS A TEACHER
While teachers should contact their union representative to discuss any disciplinary proceedings or problems with school administrators, contacting an attorney is essential when your job is at risk. The Teacher Contract that covers most New York teachers is fairly lengthy and pertains to everything from teacher training, grievances, absences, tenure, transfers, health benefits, letters in files, class size, and certification. As a result, schools must be very careful to comply with the stipulations of the Teacher Contract and state and federal law. Failure to provide appropriate training, resources, or due process creates liability for which school districts can be held financially accountable.
CONTACT LEEDS BROWN LAW – NEW YORK TEACHERS’ RIGHTS ATTORNEYS
If you’ve encountered difficulties with your school over your contract, tenure, transfer, or employment, contact New York teachers’ rights attorneys at Leeds Brown Law today. We’ve represented a large number of teachers in matters related to discrimination, harassment, wrongful termination, and denial of tenure. We understand the law, how 3020(a) hearings work, and what has to be done to leverage and protect your rights as a teacher.
New York Employment Law Attorneys Leeds Brown Law, PC offer high quality legal services and representation to clients throughout the five boroughs of Manhattan, including Wall Street, Midtown Manhattan, Brooklyn, Queens, the Bronx and Staten Island; and throughout Nassau and Suffolk counties on Long Island, including the Northshore, the Southshore, and cities such as Garden City, Carle Place, Hempstead, Mineola, Melville, Westbury, Hicksville, Levittown, Freeport, Massapequa, Valley Stream, Long Beach, Glen Cove, Syosset, Huntington, Bayside, Forest Hills, Manhasset, Whitestone, Commack, Brentwood and Riverhead, New York. Leeds Brown Law also extends its practice throughout all the counties of Nassau and Suffolk County, which includes the East end of Long Island, as well as to The Hamptons.