Legal Question in Education Law in Rhode Island

Can I do anything about the shool department for firing me eventhough I realize

I was fired from a city school department for slapping a kid in the lower cheek. Because the kid has such a behavior problem, I was sent to work with him alone. This kid constanly abused me by hitting, kicking, and using foul language on me and he never did any work. The behavior problem started when I told him to do his work. The whole school agreed that this kid did not belong in the school, also this is a school that 90% are minority so nothing gets done. A week and a half prior to this he hitted me in front of the bus driver and he called the police but the principal did not do anything, he returned to school next day. Yesterday 5-25-00, he did a number on me, he did the usual but he did something that made me owereact, he spited in my face twice and that did it that is when I slapped him in front of others and next dat they told me that I was fired. I guess is ok for him to hit me but I could not defend myself. (I was a temporary assistant with no benefits, working almost three years, in this school department and I was taking the abuse because I was hoping to soon get hired permanently. It did not happed I got "FIRED".


Asked on 4/26/00, 6:15 pm

1 Answer from Attorneys

Kathleen Loyer Law Offices of Kathleen M. Loyer

Re: Can I do anything about the shool department for firing me eventhough I real

Your situation sounds very complicated. I suggest you

see an attorney. Since you are unemployed, you may

be able to qualify for free legal services that are

usually offered by the local Bar Associations.

If this child had special needs, they should have

provided you with special training on how to protect

yourself and the child from injury and/or assault.

As I am sure you are aware. Hitting someone is considered

assault and battery and could have both criminal and

civil liability issues. This is a very serious

situation, I suggest you treat it as such.

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Answered on 6/11/00, 10:16 am


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