Legal Question in Employment Law in California

Hello Law Guru Team,

I really hope you all can help me out with these situations.

What passes for a safe working environment?

I am a special education therapist who was physically assaulted and robbed 3 years ago on school grounds and, within the past 2 months, I have witnessed two other physical assaults on the elementary school grounds. What can be done? I am very frightened to go to work, but love my job and need to keep it in order to pay the bills. Am I entitiled to anything?

Details to follow:

Teacher's Safety In Jeopardy Case #1: Dec 2006

Three years ago last December, I was physically assaulted and robbed at the elementary school in San Diego where I worked by an unknown Hispanic male, when walking to my car after school hours (6:13pm to be exact). I was employed by the YMCA for their after school program called "6 to 6" and was just leaving work. I ended up getting 13 stitches to the hand and painful glass removal from the wound, not to mention the psychological impact this had on me. Also, I later found out that I was about 3 weeks pregnant. And the cherry on the top was, unfortunately, my social security card was in my wallet because I happened to need it that day.

*This should be noted:

I had repeatedly asked for lighting to be installed at the exit doors where I would leave the building because it was so dark. I have documented when I spoke to the onsite police officer about the lighting concern and when I spoke to the district maintanence department. Lighting was never installed outside of my office exit until after I left the school in July 2007.

On multiple occassions prior to the attack, I had asked this particular custodian working that evening to walk me to my car. Unlike the other custodians who would eagerly walk me to my car, Jose would always tell me that it was "not part of his job description" and refuse. It is for this reason that, on the night of the attack, I was walking alone.

Both the school and school district claimed no responsibility, and bought me a gift card to Macy's as compensation. I cannot find the crime report number, but I have photos and hospital documentation of the emergency room visit.

Am I entitled to anything? Can there be any compensation or is it too late?

Teacher's Safety In Jeopardy Case #2: April 2009

After the birth of my son, I changed schools and districts but was, again, placed in a dangerous part of San Diego. This new elementary school had a "portable-type" building apart from the school that housed four offices, one of which was mine. While employed at the school, the reading coach working 2 doors down from me was charged with sexual molestation of a minor. We occasionally spoke because some of my students worked with him, but he was only employed for a month before getting conficted of this felon. Come to find out, the man actually had a criminal record for the same charges, but the background check had not cleared before he began work at the school. He was a former district employee.

Teacher's Safety In Jeopardy Case #3: July 2009- present

Three months later, I was placed at an elementary school in a crime-stricken area, about 5 miles from the Mexico border. As per latest crime statistic research, the address where the school is located was rated a 6 out of 100 for location safety. Within the past two months, I have witnessed a custodian being held up at gunpoint for his wallet (last Thursday) and a stabbing where 2 men were fleeing from the scene. I called 911 on one of these occasions. Both of these incidents occured on school grounds, but after hours (about 7 pm). We are allowed to access the school 24 hours a day, as per district policy, although it is not recommended.

I am a single mother and I feel frightened to return to work. You might wonder why I would stay at school after dark. It is because I have such an immense amount of work to complete and do not have internet or printer access at home neccessary to finish all of the required paperwork. It is very difficult to work before school because school begins at 7:30am and I live almost an hour away (and I also have to drop off my toddler at childcare).

I have to keep a job and do not want to make a legal move, only to be left jobless. Jobs in my field are hard to come by and that is why I take what I can get. Also, being a fluent Spanish speaker has worked toward my disadvantage in a way, because they place me in Spanish dominant schools, which are typically located in unsafe parts of town.

What are my options? Can I demand a change of school placement?

Thank you for any help you can give me. I would love to be pointed in the right direction.

Sara

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