• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Any help for substitutes?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

patton

Junior Member
What is the name of your state? ****land

I am a frightened newly graduated college graduate with a masters in education (formerly seeking a position as a teacher in the public school system of harford county) and I'm looking for legal advice on the following situation:

My quiry deals with the process of hiring and firing long term substitues, the support given to substitutes during their stay, and the duties of the administration in terminating a long term substitute's position.

I was fired primarily because a student wrote to the vice principal that I hit her/him with a piece of paper with the intent of giving the student a papercut. There were apparently five other witnesses to this; all of them students. With this reason being the "pri**** reason" as they called it and other reasons being the "secondary reasons". I am fairly certain the secondary reasons were either exaggerated or blown out of proportion in order to support the pri**** reason, but I'll list them anyways: "I made five students stand in class as a disciplinary action" (I made a student ((non-handi-capped, mainstream)) stand for 15 minutes in a class), "I made students clean desks with toothbrushes (which never happened and since I was with the teaching team or in their sight the whole time, it can't be true)", and "I displayed some resistance to implementing sustained silent reading" (of which I did not and should be found within the notes taken during the team meeting). The process of firing me went like this: I was called to a meeting for the end of the day at second period. At the meeting, these reasons were introduced to me and while they asked for my side of the story, the decision to fire me was "a directive they already had to carry out". The investigation happened without my knowledge and dealt with one teacher and a few students. I was not allowed to know what the teacher said, or which students accused me of anything. My side of the story wasn't taken into consideration before the decision to let me go. At the end of the meeting, I was not told if I could or could not ever work there, or at another school in the county, again.

My question here is, did anything worngful legalities occur that I should pursue in pressing charges? I know as a sub, I am not protected by a union. But if there's a chance I can do anything about this, I would like to. It's a horrible first long term experience for a first time teacher out of college.

Next, during my stay at this school, the only contact I had with administrators or teacher mentors was them asking me if I needed any help. They did not give out any advice, nor was my progress there ever examined by them. I was never told of my mistakes as a substitute there, nor was I given a chance to correct them. I think those mentors are there for that reason. I am pretty sure there is some administrative neglect here, but please let me know if that's the case.

The next day, I was banned from the school for going there to ask if I could see the Principal to talk about it. After a 15 minute wait, I was told she was not available this morning, so I said I would bring in the press if I could not see her and tell them about my story, in a very non-threatening way (I think everyone has the right to go to the press). I did so because I was "hushed" out of there so fast, I was convinced that I would never get an audience with the Principal. All I wanted to know, was if anything was on my record (something I could not have known of before, and was not notified of the day before). I have a feeling I was rail roaded because I am not a member of a union (although I know that is mere speculation). And while I know that kind of corruption exists and deserves some sort of recognition, is there anything this David can do against that Goliathe?

Also, as a personal note, my nerves are shot over this, I have lost sleep, and I have lost any desire to be a teacher in public education.
 


BelizeBreeze

Senior Member
Unless you have an employment contract which stipulates the process for termination and that process was NOT followed, you frankly have little recourse.

However, I would strongly advise that you consult a local employment attorney because no one can tell you yes or no on a case for wrongful termination without reading any contract or knowing the entire range of facts.
 

dallas702

Senior Member
Yup. The contract is your bible. If you were hired as a regular, short-term substitute your employment is day-to-day. You were almost certainly hired by the school district, and not the school. The school only has to ask for a different sub.

If you were hired as a long term sub for one particular class (ie a teacher who has gone on sabbatical or health-related leave), then you are still working under the supervision of the "team" (Principal, Dept Chair, supervising teacher). Your relationship, responsibilities, and rights under their supervision should be defined in your contract. If your work or relationship with the students is not what the supervising team is satisfied with they can release you for a (probably defined and/or documented) reasons. If you have a long term contract those terms should be in there.

You may have a grievance regarding the lack of proper supervision, documentation, or due process in termination. But again, it all depends on the language of the contract. With a graduate degree in "education" (sorry to say, but that doesn't qualify you for much beyond pedogogy) you should be able to peruse your contract and extract the info you need.

BTW: threatening the school with "public exposure" of your personnel problem was a very bad move....probably "fatal".
 

patton

Junior Member
By what do you mean fatal? I know principals talk and that it could be fatal in that regard. I don't really have any desire to work in public education anymore. Is there anyting I'm missing?
 

HomeGuru

Senior Member
patton said:
By what do you mean fatal? I know principals talk and that it could be fatal in that regard. I don't really have any desire to work in public education anymore. Is there anyting I'm missing?

**A; have you considered private education?
 

patton

Junior Member
I have plenty of things I can do with my masters in education that don't involve public education. I am looking into them. Right now, I'm considering an administrative job at a learning center. For those that don't know, an example of a learning center is Sylvan, although that's not the one I'm interviewing for this week. I can also do correctional education, private tutoring, parochial schools, private schools, colleges, etc. I'm not really sure where to go from here, but I have options. Like I said, I'm not worried about being in public education anymore. If there was anytime to believe in messages or signs, I guess now would be that time. The only good thing is that all of this stuff happened early on, before I was already entangled in it.

My question in the last thread was just aimed at the reprocussions of making my story public, although at this point, I just want to leave it all behind. I guess I'm asking if it's safe to do that or if something else is going to happen to me that I'm not aware of if I do nothing.
 

dallas702

Senior Member
"fatal" meaning you should never jump the chain of authority in favor of outside pressure because you are impatient for answers. You did have a right to answers, but your method obviously didn't sit very well with the school administration or district leadership. I suspect there is another side to the story that we will never hear.

"fatal" meaning once you threaten your supervisor(s) with just another time-consuming procedure to have to deal with your chances of being or staying employed are reduced drastically.....probably to "0".

I know that the education heirarchy can be stubborn, infexible, and guarded. Yes, some districts have their "corruption", but many would say that in cases like yours it is self-preservation. When you are the new employee you are at the mercy of the entire system...for good or bad.

It is possible you have legal recourse. BB has given you the best advice in seeking an employment attorney. In a small town that may or may not get you what you want, and it could be expensive, but it will tell you what your best options will be.

Knowing how schools and districts tend to look at and deal with new hires, and given what you say has happened, I would advise seeking employment far from this county. Unfortunately, your record while being employed (though some info is "legally" restricted) will follow you as you look.

Just a constructive comment for you as a person who wants to work in education: either take another class in English (spelling/editing), or demand a refund from your prior schools for letting you get all the way through a graduate degree without absorbing the rules of proper writing.
 

patton

Junior Member
Sorry about the spelling. I'm obviously not here to spell correctly. I'm just trying to get my questions/points across.

What exactly follows me if I seek employment elsewhere? What is or can be put on a record (even though I was told they didn't keep records of substitutes)?
 
My question in the last thread was just aimed at the reprocussions of making my story public, although at this point, I just want to leave it all behind. I guess I'm asking if it's safe to do that or if something else is going to happen to me that I'm not aware of if I do nothing.
What exactly follows me if I seek employment elsewhere? What is or can be put on a record (even though I was told they didn't keep records of substitutes)?
If you plan on seeking employment outside of public schools, nothing will follow you if you do not indicate the previous employment. The district isn't seeking to revoke your teaching certificate; so, if you do nothing, nothing should occur.
I think going to the media is a bad idea. You are not seeking anything from the notoriety. I don’t see much in the way of gains, but I do see some potential problematic outcomes.
 

patton

Junior Member
Holy cow! Absolutely not! I'm in ****land.

Thanks for the advice. It's a lot of sweat off my back to know that nothing will follow if I do not indicate the previous employment. Now I know I can do "nothing" and be fine.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top