


| 


Re: Legal Question
Posted by bassman on 4/01/09
Thanks so much for your help
On 3/31/09, Lillian Anderson wrote:
> Yes, you do have a legal recourse. First check your contract
> to be sure it is a legally binding document. Check any
> references to any Rule nos. or document nos.; any state
> statutues; check for any legalese language which may confuse
> the ordinary layman. You don't necessarily have to use your
> union representative unless there is written directive(s)
> stating that you must use that person. You may, however, make
> reference to the union representative when acknowledging that
> you did notice and discuss the issue with that union
> representative; but your civil action is 'Breach of
> contract'; you may even seek triple monetary damages and seek
> punitive damages because of discrimination. It sounds like
> this may be a Civil Rights violation; check thoroughly - i.e.
> civil rights violations in the workplace; civil rights
> violations - discrimination; violation of federal law
> relating to work ethics; you will have to do some extensive
> research or you can hire a lawyer; lawyers don't usually take
> cases if they cannot see a guaranteed substantial
> (worthwhile) return. You may even have to do pro se; begin
> with the U.S. EEOC (U.S. Equal Employment Opportunity
> Commission)in Washington, DC. I would wish you luck, but I
> don't believe in luck, so in the Power of our Lord and Jesus
> Christ, I pray VICTORY for you and your family.
>
> Lillian Anderson
> Cocconut Creek, Florida
> On 3/30/09, bassman wrote:
>> I have a question and I'm not sure where to turn...
>>
>> I am tentured in my district, and have been there for 8
>> years. I am considered highly-qualified in my state, and
>> have my Masters. Last year, a position opened up within my
>> district that I wanted. I was the only in-house candidate
>> to apply. According to our contract, any position that
>> opens up within the district for which you are qualified
>> and, barring any disciplinary actions, should be awarded to
>> that candidate prior to giving it to any outside
>> candidate. I had no disciplinary actions, and was
>> obviously more thnan qualifued for the position (it was for
>> instruemntal music and I have my Masters in musidc
>> performance and have taught instrumental music prior to my
>> position at this district, which is general music.)
>> Anyhow, to sum it up, the position was awardede to a first
>> year teacher, fresh out of college with *no*experienec at
>> all and who was an outside candidate. When I went to my
>> union, the head of the union stated "that's what happens"
>> and did nothing. NOw, this union head is known for doing
>> nothing and no one is happy with him - unfortunately, he
>> has done underhanded things to make sure no one runs
>> against him and to guarantee his re-election every ection
>> time. There is currently a complaint against at the state
>> level, but that is taking a while to get done.
>>
>> My question is...do I have any legal recourse to take
>> action either against the union for non-representation and
>> against the district for breaking contract?
>>
>> Does anyone know where I can find assistance for something
>> like this?
>>
>> Thanks
Posts on this thread, including this one
- Legal Question, 3/30/09, by bassman.
- Re: Legal Question, 3/31/09, by Lillian Anderson.
- Re: Legal Question, 4/01/09, by bassman.
|