Legal Question in Employment Law in California

What are the employment rights of a school employee?

I am a school employee who has had to go out on a stress related job injury because of the unethical and illegal acts committed by the superintendent of our school district. I have been asked to perform illegal acts by the superintendent, which I refused to do. This superintendent is a my-way or the highway type of individual, so if you refuse her she will do anything in her power to get rid of you. The school board is considering eliminating my position, which I have held for 15 years. I am also only two years from retirement. Can they do this while I am out on a valid medical absence, and do I have any legal recourse?


Asked on 3/10/03, 12:46 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: What are the employment rights of a school employee?

IF you have evidence, witnesses, etc, to prove the requests to perform illegal acts, the refusal and the retaliation, you should have a case worth pursuing. If you can also show you are terminated under the guise of a position elimination, that would appear further retaliation. Contact me if interested in pursuing this. It has been my specialty area for 15 years.

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Answered on 3/13/03, 7:34 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: What are the employment rights of a school employee?

You should retain an attorney and pursue this case. Take a look at my site www.lawyers.com/amyghosh

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Answered on 3/13/03, 8:09 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: What are the employment rights of a school employee?

i may be able to assist you if you are able to email more specific details of your case. i would need to know how long ago the illegal activities occurred, what you were required by your supervisor to do that was illegal, if you have any witnesses or other evidence to support your claims against your supervisor requiring you perform such illegal activities, as well as the rationale given by the board to possibly terminate your position now, 2 years before retirement. hopefully i will be able to further assist you once i get these answers.

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Answered on 3/13/03, 4:34 pm


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