Legal Question in Employment Law in California

I have been falsely accused on several ocassions for incidents I had no control over while coaching a high school team. Each incident was proven wrong but I'm continuously accuse me and now I'm being asked to resign to protect the reputation the school and they haven't proved I was responsible for any incident that has occurred but the school gets anonymous letters from irate parents who are upset their kid doesn't get playing time. This is an at will, volunteer paid, position, but because I'm a teacher, I am protected by the union so they can't just fire me, it has to be a process. So now I've been given an ultimatum to resign or they will fire me for cause. The unfounded, unproved accusations have been going on for the past four years.

Each time, I'm accused, the school has been proven wrong, so they are mad that they look studpid and because they continue to get letters from parents, they want me to step down. The school fired me two years ago, but reinstated me because of the support of the community and parents and now the school is mad because they were proven wrong. Do I have any legal standing to sue for harassment and or discrimination. There are several other schools that have been found quilty of the things I'm being accused of and have not been sanctioned the way this team has been or the coach been asked to step down. By the way, I'm a female and these are boys teams I'm referring to. What remedy do I have?


Asked on 8/05/09, 2:16 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If you are a teacher protected by a union and the Education Code, your rights are dictated by your CBA and the code. You gave up your civil rights to sue you employer when you joined the union. The only exception is 'discrimination', but that means race/age/sex/etc, not simple harassment.

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Answered on 8/05/09, 12:57 pm


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