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Can I be fired for getting mugged?

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touchofgrey

Junior Member
What is the name of your state?What is the name of your state? California
I am a teacher in an independent school. A week ago Sunday, I was mugged and beaten by two men with a baseball bat. On Monday morning, I had a friend call in to my school at 7:30 am to let them know that I would not be able to attend school that day. I had my friend read a message I had written because my jaw was so swollen I could not talk. Monday night, I contacted the ass't head of school to explain the cirmcumstances of my absence. The next day, I entered the hospital and stayed there for the remainder of the week. As it turned out, my jaw was fine but my leg was fractured. On Wednesday, the head of school came to visit me and asked me what happened. I relayed the story. Now, a little background....last fall, I missed a day of school without notifying the school ahead of time in order to take care of a friend who was suicidal. I was formally reprimanded. Because of this incident and the current one, the head of school says he has reason to question whether I can be depended upon to return to school to teach. Outside of these two incidents, my performance at school is spotless. I am considered to be one of the most revered teachers in the school and also serve in an administrative role as the middle school coordinator. I just received a phone call from the head of school and he told me that I am currently being placed on paid leave of absence for at least two weeks. He says he needs at least that much time to look into the circumstances surrounding my injury and to determine whether or not to continue my employment. He also told me that he does not want me on school property until this matter is cleared up. He is coming up to my house on Friday with the ass't head of school to interview me. I have lots of questions but lets start here: 1) Should I have a friend present while I am being questioned? 2) Should I be in contact with a lawyer? 3) Should I be filing for state disability insurance even though I am on paid leave? 4) Based upon what I have relayed in this message, does the school have legal grounds to terminate my employment? 5) Is there anything else I should be doing to take care of myself? 6) Are there other questions I should be asking? I know this is a long message and appreciate any responses. I would be open to phone calls but I don't know if that is allowed on this website. Thanks.
 


ENASNI

Senior Member
um

You never want to post your phone number on a public web site.
Methinks they are questioning the circumstances because the person (s) who mugged you perhaps were students of yours?
A police report was filled out, correct?
 

touchofgrey

Junior Member
Hahahah.....that's a good one....former students. No, they were not former students. It didn't even occur where I teach. Yes, a police report is on record. Thanks for the reminder about the phone number.
 

panzertanker

Senior Member
seems like there is something missing here....

Did the hed of your school state that he was not contacted by your friend, thus did not know where you were or why you were absent?

Were you mugged in some morally questionable situation, such as at a gay bar or something similiar?

This just doesn't add up; you state you had someone notify him you were injured, you were then subsequently admitted for the injuries and he is now placing you on leave to investigate your ability to be dependable to show up to work???
HUH?
 

rmet4nzkx

Senior Member
Yes, something is missing here. Why if you were mugged, did you not report it to the police immediately and go to the hospital, immeadiately rather than waiting a day especially if you had a broken leg? You are lucky you are getting paid at all, but if you cannot work, sign up for disability even if you are currently getting paid so that you don't lose your qualification. In addition to the former questions, were you very drunk and possibly that is the cause of the injuries rather then being mugged? Was it Gay Bashing? Are these the real reasons you delayed reporting and seeking medical attention? What kind of a school, Private, Religious, charter school? How many employees does the school have?
 
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Beth3

Senior Member
This whole situation strikes me as odd - and that something is missing from your story, touchofgrey. You were violently assaulted and your employer's response is to suspend you for two weeks while they "investigate"?

What aren't you telling us? Your employer obviously suspects there's more to the story too. What is it they are investigating???
 

panzertanker

Senior Member
Beth3 said:
This whole situation strikes me as odd - and that something is missing from your story, touchofgrey. You were violently assaulted and your employer's response is to suspend you for two weeks while they "investigate"?

What aren't you telling us? Your employer obviously suspects there's more to the story too. What is it they are investigating???
As I have stated too, there is something missing, and the OP IS withholding something:
touchofgrey said:
He says he needs at least that much time to look into the circumstances surrounding my injury and to determine whether or not to continue my employment.
So, touchofgrey, what haven't you told us? It would appear that there is a moral question surrounding your injuries, and that is why you have been suspended. If not, tell us what the 'missing' component is and we will try to help. Beth is one of the honcho HR ladies here (I call them the 3 lady gurus of HR), so you have her attention if you want help.....
 

rmet4nzkx

Senior Member
OP answered our questions by starting 2 separate threads. I will repost here because I don't believe OP is able to do it. These are long and rambling which may be the result of head injury, however There is a certain lack of pragmatics that makes me believe that this is not a new issue. Even with these two additional posts, the quesitons are not answered.
 

rmet4nzkx

Senior Member
Part 1

touchofgrey said:
What is the name of your state? California
Thank you for all the previous responses. I realize now that in order to get an adequate answer to my questions, I must fill in some details. So, with your patience, here goes. I teach in a small independent K-8 school in a very homogenous area south of San Francisco. I used to live and teach in Oakland so I still have many friends and attachments to that area. Last fall, I got a call in the middle of the night from a man that I had been counseling on a volunteer basis years earlier. He is a drug addict and asked me to come up and help him. I should have asked details but I didn't, I just got in my car and drove. When I got there, he was sick from heroin withdrawls. In the morning, I took him to a rehab center but was unable to admit him without his ID. We went back to the house he was staying at, a drug house, to retrieve his ID and, in the midst of the confusion at the house, my car was stolen by someone at the house. I was threatened by the people at the house and told that I could not leave because they were certain I would call the cops, which I would have. For three days, I was guarded until finally, I was allowed to make a phone call to my school to let them know where I was and to ask for help. A friend from school came up and got me, we immediately went to the police station and filed a police report. (Miraculously, my vehicle was found!). Back at school, I told my story to the head of school who found the whole thing to be unbelievable. He said that he needed some assurances from me and from others that I was still the kind of person that could be depended upon to be left in the care of children. I understand now that what he was most concerned with was the fact that I made the decision to help my friend showed a complete disregard for the children that depend upon me on a daily basis. It is an important and valuable lesson but one I have taken to heart. He required me to be psychologically evaluated as to my fitness to be a teacher and to submit to random and periodic drug testing. I agreed to both. I drug tested and, of course, was clean as I do not do drugs although I was somewhat worried about the effects of second hand inhalation from the house I was held captive in for days. As to the psychological evaluation, I looked into it and was told by three licensed psychotherapists that what I was being asked to do was both impossible and illegal. The head of school envisioned me sitting down for an hour and then signing a letter saying that I was mentally fit to be teaching children. The therapists all told me that such an evaluation would take a number of days, thousands of dollars, and even then, would not be definitive. So, the head of school backed off on that demand. The rest of the school year has gone without incident. With the exception of my father dying in December, I have not missed any school and am an exemplary employee. I hold a number of leadership positions in my school in addition to my teaching responsibilities. I am the middle school coordinator and have taken it upon myself to institute a number of new programs in our school to meet the needs of our students. The head of school is an extremely cautious man. No decision is an easy one and often takes so long to be reached that, by the time he is comfortable with a course of action, it is already too late to take action. He rules in secrecy both in terms with how he deals with the staff, the kids, and with the parents. In his mind, and he has actually said this to me, the less people know, the better it is. He recently dismissed a teacher without adequate explanation which sent both the teacher and parent community into an uproar. As a result of his personnel blunders this year, he has resigned from his position, effective June 30, 2005. By the way, this is his first year at our school. The board of education has, however, made it clear that he will continue to make decisions and be supported for the rest of his term. Needless to say, the school community has been turned upside down with all of this. Now, onto the latest matter. A week ago last Sunday, I went up to Oakland to have dinner at a friend's house with his family. I was a little early so I decided to look for a place to buy flowers to bring to dinner. As I was walking down the street, two men approached me from the other direction. One asked me what I was looking at. I replied, "Nothing" and the next thing I knew, he wacked me across the face with an aluminum baseball bat. I must have been knocked out. When I came conscious, I was in a lot of pain, not just my face but other parts of my body as well. I tried to stand up and my right leg kind of collapsed. I limped to a phone and called my friend who quickly came and got me. At his house, he and his family offered to take care of me. I was still a little goofy; I didn't think about calling the police and it wasn't brought up. I have since learned that in my friend's neighborhood, people prefer to take care of their own problems without involving the police. My friend explained later that, as a black man, he has found that involving the police is almost like inviting them into the business of your life and if this can be avoided, it is probably better. As a white man, I may not understand this but have to respect it. The next morning, my jaw was so swollen, I was unable to talk so I wrote out a message for my friend to read when he called my school to tell them I would be unable to teach that day. In the message, I said I would be in contact with the school as soon as I could. The phone call was made before school began, in plenty of time to get a substitute. The secretary who took the call questioned my friend and he became very agitated saying he was just passing along a message. Later I found out that the story the secretary told was that she had received a phone call from a very dangerous black man who made it sound like he and I were involved in some sort of wrong doing. My friend took me to the hospital in Oakland that Monday morning but the ER was flooded. We stayed for a little while but were told that since my injuries were not life threatening, I would probably not be able to be seen until later that evening. My friend said that he could care for me better at home so we went back to his house. I was made comfortable throughout the day, taking tylenol and icing my wounds. The swelling in my jaw went down until I was able to talk without pain. I was relieved to know that I could move my jaw and didn't feel any cracking so I didn't worry about a broken jaw. What did worry me was my leg. I spent the day lying around and the pain in my leg increased. I had been hit in the shin with the bat and I thought it was just a bad bruising. That evening, I called the assistant head of school and told her exactly what had happened to me. She told me to get to a hospital right away. I agreed to do this. My friend was not able to leave his family that night but promised to take me first thing in the morning after he took his son to school. This time we went to a hospital in his hometown, Castro Valley, rather than Oakland. He said this would be better for me as, in his words, I had "the complexion for the connection". I wasn't sure what he was talking about until we got there. The hospital we went to on the previous day was exclusively black both in terms of the people who ran it and the patients. The one we went to on Tuesday was almost exclusively white. Leaving aside all comments or judgements on this, let's just say, it was a reality check to have this shoved in my face. I was officially admitted into the ER on Tuesday evening, cat scanned, xrayed, and brought upstairs to a hospital bed. It turns out that my leg was severely fractured at the tibia. I was seen by an orthopedic surgeon on Wednesday morning who said that, based on the xrays, I would not need surgery to align the bone. I was put in a splint for the time being as there was a slight contusion above the fracture and the doctors were concerned about the possibility of infection. I saw an infectious disease specialist who prescribed some major antibiotics and said that he would monitor the situation on a daily basis. On Friday afternoon, the surgeon and the disease specialist said that things looked under control and that I should be released from the hospital with orders to see an orthopedic surgeon on Monday morning in my area to cast up my leg. By the way, the head of school came to see me on Wednesday afternoon while I was still in the hospital. At this time, I didn't know anything about his resignation and the turmoil at school and he didn't tell me about this. He questioned me for a while and made it clear that he either didn't believe my story or couldn't understand how I could be so stupid as to go to Oakland after my experience in the fall. I didn't feel like it was worth trying to change his way of thinking at the time. He told me that before I could return to school, he would have to have some serious questions answered but for the moment, I shouldn't worry about that, I should just focus on getting better. Hah! That's a laugh. Don't worry, you might lose your job, but just get better. I was devastated by this news. When I got home on Friday afternoon, I called the head of school to find out what the next step was. He told me about all the problems at school resulting from his announced resignation and said that it was going to take some time before he could get together with me and talk. I waited until Tuesday before I emailed him with an impassioned plea. No reponse. I called the school on Wednesday and was received very coldly by the secretary. Understandable I guess. She told me she would tell the head that I called. PLEASE CONTINUE TO PART TWO IF YOU'RE STILL AWAKE.
goto part II
 

rmet4nzkx

Senior Member
Part II

touchofgrey said:
What is the name of your state? California
Oh, here's a piece I forgot to tell you. While I was in the hospital, I asked the doctors and nurses to help me contact the police in Oakland so that I could file a police report on the incident. They told me they had tried to do this but since I was no longer in Oakland and they were very busy, it was unlikely they would be able to send an officer to Castro Valley to take the report. I didn't file a report until I got home. I called the Oakland PD myself and told them what happened. They told me they could not send an officer to my home as I was now not in their area but arranged for the San Mateo County Sheriff's Department to send an officer to my house to take a courtesy report which would be passed along to the Oakland PD. This was done on Tuesday. So here' the latest. There have been numerous meetings at school since the announcement of the head's resignation. These include teachers, parents, board members, and students. Essentially, the community is in uproar that they have been excluded from critical information throughout the year; information that directly effects teachers' job security and childrens' well being. The school is now an open wound. What came out in one of the meetings amongst the parents and teachers is the way my situation has been handled. As it turns out, the head of school did not release the truth about my absence of school until last Friday. Throughout the week, when teachers and students asked, he told them that I was attending to a family situation. On Friday, he finally released the truth and told the community, in an email, that I had been assaulted and the circumstances surrounding this assault are "sketchy". That is his word. The parents and students were outraged to hear that the truth had been withheld from them and that they were not given the opportunity to show their support for me. The support for me rallied immediately. Phone calls and visits, flowers and food. I was completely overwhelmed with the outpouring of care and emotion. When questioned by the parents and teachers about why he did not divulge the truth of my situtation, he claims that I had asked him not to share with the community and as such, he was just respecting my wishes and protecting my privacy. This is a bold faced lie. There is nothing to protect me from. I am a victim of a crime and have nothing to be ashamed of and no need to hide anything. So where things stand now is that, after a phone call yesterday, I have been told that I am on paid leave for the next two weeks until he can fully investigate the incident and be assured that it is safe for me to return to school. I have no problem with the fact that his responsibility is to watch out for the interests of the parents and the children and that if he feels I am a threat to the kids, I should not be teaching. I have told him that I will do whatever he needs me to do, within the confines of the law, to assure him that I am not a threat and that I should be back in the classroom. Tomorrow at 9am, he and the assistant head of school are coming to my house to talk to/interrogate me. I asked the head of school if I could have a trusted friend present during the questioning. He said he didn't have a problem with that. I'm wondering now if I shouldn't have a lawyer present though I know this will send him ballistic. Last fall when I mentioned that one of the psychotherapists I had spoken to was also a lawyer and that this man had told me that what I was being asked to do (the psychological evaluation to determine my fitness to teach) was illegal, the head went nuts and said that I had taken a simple request and blown it all out of proportion. I suspect he would react the same way to a lawyer accompanying me tomorrow but I am concerned for my rights. I am aware that the head can do anything he wants to with me. Apparently, he already has grounds to dismiss me. Why he is giving me this opportunity is open to conjecture. The good in me says that he is trying to do what's right for me and the kids. I am a valuable member of the school community both as one of most beloved teachers in the eyes of the students and the parents, and in my position as middle school coordinator. He knows this. Maybe he is just afraid of the fallout of what will happen if I am dismissed without convincing the community that this is the right thing to do in light of the other serious questions about the way he has handled things at school this year. Or maybe it's personal. I don't think it does any good to get into his head. I think I just need to stay focused on the truth and on what I know to be right; I am a good person and a good teacher who loves his kids. Something bad happened to me but that doesn't make me a bad person, even if other people can't understand how or why it happened. Okay, for those of you that were begging for the rest of the story.....there it is. I hope I haven't bored you and am in awe of those of you that made it through to the end. I should tell you that I wrote this in a sort of stream of consciousness. I have not edited anything and have also not tried to be cute. This is a serious matter which I don't think should be taken lightly. Maybe someday but not today. I look forward to your responses, especially you Beth, you seem to have the admiration of many on this forum and I must commend you for the time and energy you put into helping people out with their problems. Thanks for listening.
Questions?
 

ENASNI

Senior Member
um

rmet4nzkx said:
Questions?
many... but ... did I read that or dream that on a cloud... There was a paragraph there and it was talking to me.

Sometimes you ask too much Doc.
 

touchofgrey

Junior Member
rmet4nzkx said:
OP answered our questions by starting 2 separate threads. I will repost here because I don't believe OP is able to do it. These are long and rambling which may be the result of head injury, however There is a certain lack of pragmatics that makes me believe that this is not a new issue. Even with these two additional posts, the quesitons are not answered.
I appreciate your concerns about my head injuries. According to the doctors who studied the cat scan, there are no residual affects from the blow I received. I agree that my post is rambling. As I mentioned, I wrote it as a stream of consciousness and did not take the time to edit for readability. You might consider it as a journal entry and, if you write in a journal, you know how that can be. I especially am thankful for this opportunity to write down what happened. If there are still questions unanswered, I don't know what they are until they are asked. I have tried to represent everything that has happened to me in a truthful and complete fashion. Please, if you have questions for me, ask them. I will answer. If you prefer to email me directly, that's fine with me. Seeya.
 

rmet4nzkx

Senior Member
ENASNI said:
many... but ... did I read that or dream that on a cloud... There was a paragraph there and it was talking to me.

Sometimes you ask too much Doc.
To sleep: perchance to dream: ay, there's the rub.......From Shakespeare's Hamlet.
Me thinks it was not a dream
 

touchofgrey

Junior Member
rmet4nzkx said:
To sleep: perchance to dream: ay, there's the rub.......From Shakespeare's Hamlet.
Me thinks it was not a dream
Okay, if we're playing the Shakespeare card, I'm forced to pull out my tattered copy of A Midsummer Night's Dream and quote Puck's closing remarks.....

"If we shadows have offended,
Think but this, and all is mended,
That you have but slumber'd here,
While these visions did appear.
And this weak and idle theme,
No more yielding but a dream,
Gentles, do not reprehend:
If you pardon, we will mend.
And, as I am an honest Puck,
If we have unearned luck
Now to scape the serpent's tongue,
We will make amends ere long;
Else the Puck a liar call:
So, good night unto you all.
Give me your hands, if we be friends,
And Robin shall restore amends.

Just to set the record straight, I never played Puck. My role was that of Thomas Snout, the Tinker, also known as The Wall in the play within the play.
 

rmet4nzkx

Senior Member
touchofgrey said:
I appreciate your concerns about my head injuries. According to the doctors who studied the cat scan, there are no residual affects from the blow I received. I agree that my post is rambling. As I mentioned, I wrote it as a stream of consciousness and did not take the time to edit for readability. You might consider it as a journal entry and, if you write in a journal, you know how that can be. I especially am thankful for this opportunity to write down what happened. If there are still questions unanswered, I don't know what they are until they are asked. I have tried to represent everything that has happened to me in a truthful and complete fashion. Please, if you have questions for me, ask them. I will answer. If you prefer to email me directly, that's fine with me. Seeya.
A CT scan is far from diagnostic for head injuries, many of which are not found on any type of scan. A CT done within 72 hours of your injury can only detect blood or gross injury and that will depend on how the scan was ordered. After 72 hours, blood becomes hypodense thus small bleeds might become invisable. Most injuries are too small to show even with the thinest slices of a CT scan, a MRI might show more, now. I can't EMAIL you because you didn't give a EMAIL address and don't have your PM turned on.

I am very concerned, because while you don't believe you have suffered a head injury, either you have or already had serious cognitive dificulties or have compounded them. I believe it is the latter since your story demonstrates a serious lack of common sense or pragmantics. If that is the case, you would not be aware. I used to work in the worst parts of Oakland, I lived in East Oakland many years ago when a college student, I am white and your story doesn't ring true. In Oakland, you dial 911 and the police will come out, you will be taken to the hospital, you would be assessed in the ambulance and taken to the appropriate hospital. Highland hospital is a county hospital, there are also a number of other hospitals in the area,
* Alameda Hospital
* Alta Bates Berkeley
* Summit Medical Center - Oakland
* HMO hospitals
maybe 10 hospitals within 10 miles of where you were, there was a reason you and your friend didn't call the police/911 or go immediately to the hospital. There is no reason that you could not have immediately made a police report. Your story as it is, is not going to wash. You have a history of being MIA and the school administration has a fiduciary duty to assess your fitness as a teacher. If you are disabled as a result of an accident, that is one thing, it is another if you are malingering. We may be monikers on the net, but we weren't born yesterday.

Please contact your primary care physician or the hospital and ask for a referal to a neurologist or a neuropsychologist, this will also add to any disability claim you might have.

I suggest you have an attorney present for your interview.
 
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