Legal Question in Employment Law in Michigan

As a teacher I recently went to my principal, then special ed. coordinator and finally human resources director with complaints about my director of special education. The issues were many but some involved matters of law, both FAPE and IDEA. Several month went by. A new coordinator (subordinate to the director) also noticed these issues. After only 5 months on the job she resigned citing that her educational philosophy did not match that of our district. It was very clear why she resigned. Following her resignation, I went to a school board meeting and presented a blue card to be read. On this card I expressed my disappointment in losing this person as a supervisor. I asked that her resignation be further investigated as it is one of many red flags in the managment/leadership of our spec. ed. department. Less than a week later I was called in for a disciplinary hearing for appearing in front of the school board. In my opinion, this was a public forum and I was speaking as a citizen (this was also written on my card). I am awaiting the results of my disciplinary hearing. My union rep. said that it would probably be just a letter in my file. I take issue with that because, I have an impeccable record. Why should I be punished by trying to bring problems to light when I have tried on many occasions to go through the proper (and less embarrassing) channels. I also am wondering if I have a case against the district based on the whistleblower law b/c some of the concerns I brought to them concerned which I FELT, were violations of students' civil rights. I feel that I have been retaliated against because I have brought this problem out in the open publically. The policy they claim that I have violated is one in which there is a chain of command to go through when one has a complaint. While on the job, I feel that I did goes through this chain of command, but going to the school board I was acting as a citizen and did NOT divulge specific information.


Asked on 1/20/11, 4:39 pm

1 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

One, you are in a union and they would have to fight your "letter." Secondly, whistleblower laws relate to termination for retaliation for going to the government authorities, you were not terminated. Your union lawyers can better explain to you how that system works, but there is no case that I see. kliszlaw.com Tim Klisz

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Answered on 1/25/11, 6:30 pm


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