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Legal Question

by bassman

Mar 30, 2009

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...See More

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Lillian Anderson 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)...See MoreYes, 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

Mar 31, 2009

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bassman 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 layma...See MoreThanks 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

Apr 1, 2009

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