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On 3/23/15, PsyGuy wrote:
> Suing a teacher successfully is the exception not the rule, and
> you have to have a home to have home owners insurance. I rent my
> apartment and lease my car.

You think that will keep you from being sued? Think again. Even
if you don't currently have two pennies to rub together, you will
never again have credit, and never be able to own anything with
your name on it.

> Districts will defend a teacher if the alternative is the
> teacher testifying against the school. Happens all the time.

What "happens all the time" is the district throws the teacher
under the bus in order to place all blame on the teacher and try
to protect the district from the lawsuit.

> I read mine very carefully the whole point of having liability
> insurance is to pay damages when the teacher has liability. If
> there is no liability than there is no reason to pay.

The teacher union or organization is going to look at one thing:
how much is it going to cost to defend this teacher, and what are
the chances of recovering any costs. That's the bottom line.
And, if it's obvious the teacher was as fault, they won't touch
the case with a stick.

> It is the exact opposite of easier to go after a district for a
> wrongful termination action. 1) How do you pursue a wrongful
> termination suite without income and resources to hire an
> attorney for the 2-5 years the case will take?

That's why I tell everyone, and I've also said it here: you need
to keep 5k to 10k in your war chest for starting a legal action.
It's your job you are talking about here. Consider it insurance.

2) Districts dont
> need cause to terminate anyone everyone now is on a probationary
> contract or a 1 year term contract. I dont know anyone who has
> been offered a continuing contract in this millennium. The
> standard for non-renewal of a term contract Is "cause" it doent
> have to be "good cause".

There are still standards of behavior when it comes to dealing
with employees. Terminating an employee as an act of retaliation
against them is a big no-no, even if they were only an at-will
employee. A smart lawyer will go after the district on wrongful
termination first. You can carry on a much broader fishing
expedition in state court to gather evidence than you can in
federal court. Then, take the evidence gathered in state court
and go after them in fed court on a civil rights violation.

> Your not going to lose, someone going to settle, assuming it
> gets that far. There is on average one suit a year that makes it
> to a setting on a docket. Those odds are FAR, FAR better than
> being non-renewed.

They usually do settle. And, the fact that they do settle is a
big indicator that the district had some liability exposure.
Believe me, if the district thought they had a snowball's chance
in hell of beating the lawsuit, they would fight it until the end
because it's not their own money they are spending, it's YOURS
(the taxpayers.) That's why such suits end up in fed court on a
violation of civil rights. On a civil rights violation, you can
not only sue the entity, you can sue the individuals. And, for
triple damages. It never fails that the quickest way to a
districts' ear is through their individual back pockets.

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