Misfeasence?

[Perky]

OK, thanks for all the clarifications.

I don't think they will fire you. I think they will have to find you a position, since you have been there 6 years.

But if they do fire you - I think you will have to get the union involved, and a settlement would have to occur for their mistake. I can't promise that, but let us know how it plays out!

Humus, the union is already involved. I think they're appealing the district's decision to fire the OP.

 

[Humusluvr]

Humus, the union is already involved. I think they're appealing the district's decision to fire the OP.

You're right, I'm multi-tasking. Need to pay closer attention.

I'm not sure where it will go from here. Either they'll give you a job back, your job back, a settlement, or they'll claim something we didn't talk about here. It would be interesting to see how BOCES can claim they weren't wrong here.

 

[rlatour]

You're right, I'm multi-tasking. Need to pay closer attention.

I'm not sure where it will go from here. Either they'll give you a job back, your job back, a settlement, or they'll claim something we didn't talk about here. It would be interesting to see how BOCES can claim they weren't wrong here.

It will be interesting to see what, if anything, the union lawyers can do here. They can't get me my job back since I am now "unqualified" to teach it. There are no other positions available for me to "bump" into. Administration has already admitted that they made a mistake to my union and said they were prepared to go to court.

 

[rlatour]

Regarding the bolded, are you saying that the certification requirement for teaching Information Technology is still possession of a certificate in either Electro-Mechanical repair and Installation, Business, or Computer Technology?

I misunderstood-
It appears that the possession of the certification of Electro-mechanical repair and installation should never been listed as appropriate for this particular position. It was a mistake, and six years later I'm being terminated for their mistake.

 

[Humusluvr]

It will be interesting to see what, if anything, the union lawyers can do here. They can't get me my job back since I am now "unqualified" to teach it. There are no other positions available for me to "bump" into. Administration has already admitted that they made a mistake to my union and said they were prepared to go to court.

Did the lawyers give you any idea of what the settlement would be, if any? A year? Three?

 

[rlatour]

Did the lawyers give you any idea of what the settlement would be, if any? A year? Three?

No idea, I'm still waiting for them, NYSUT LEGAL, to review the case and inform me of their plan or our options.

 

[Humusluvr]

No idea, I'm still waiting for them, NYSUT LEGAL, to review the case and inform me of their plan or our options.

Well, I wish you the best of luck. I think, from what you've presented here, you have one of the best cases of negligence by the Certification Officers I have ever seen.

 

[rlatour]

Well, I wish you the best of luck. I think, from what you've presented here, you have one of the best cases of negligence by the Certification Officers I have ever seen.

Thank you for your responses. I hope that that indeed is the case.

 

[Perky]

Perhaps your union will be able to negotiate an agreement that allows you to work towards the necessary certification in order to keep the job. My contract has that provision in the event that a teacher must accept a job (transfer) for which he is not qualified, and the state allows waivers. Good luck to you on that.

The question of whether or not the Certification Specialist or the school board can be sued would probably get more answers in the Employment Law forum or the Civil Litigation forum. I doubt that you have the basis for a suit though.