Legal question

Gates

Can a teacher sue his or her principal or even the city if that person is terminated on the grounds of been absent 3 time out of a school year and the person have a hospital note to they were in the hospital at that time !!

DrHicks

I think you're asking the wrong question on the wrong forum.

Leah Frances

A DIY forum isn't the right place to ask this question.

Bottom line, anyone can sue anyone at anytime.

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Bill7

Uh, isn't this the "OFF TOPIC" forum??

Anyway, that would be up to the district (board) the teacher works for. Principals usually don't hire and fire. Besides, where in the heck is the teacher's union on this??

Bud Cline

Call the school district's main office and ask them. Sounds as if you are moving way too fast.

rusty baker

Question should be, can you sue and win? Untenured teachers can be fired at any time without cause, at least in Missouri.

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Mr Chips

Maybe they plan on DIY legal representation

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gregzoll

I mean come on. Since when did actually consulting a lawyer for legal advice, turn into "lets use the Intertubes for everything. If there is anything that the Internet can not replace, those items would be seeing a doctor for a medical condition, and getting legal advice. The worst site I have ever seen for consulting with a lawyer was on livejournal.com.

Now, if you want top notch legal advice Gates, head on over to DSLReports.com. It is full of Internet Lawyers. I am sure they can answer your question for you. Just make sure when you go in front of the judge, that you are legally bound by the laws of the Internet. And that it is the best legal advice you got. Just make sure that when the judge throws you out of the courtroom, that you are laughing at them the same time.

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gregzoll

Oh come on Leah. I went round and round with some state's attorney from a county in Ohio, that thought she was top stuff, and her stuff did not stink. Ended up, she finally got put in her place, because the forum that I was posting on at the time, clearly stated that no legal advice was to be given out, and that anything posted was the opinion of that person. This ASA, thought that since I worked for our state Child Support Agency, that I should not be participating, and that I had no right to give an opinion on anything, even though like this forum, I was just putting out there stuff that I had learned from my job, that I thought could just give better insight to the situation.

Long story short, she finally realized that she was getting herself in deep water, and that her ability to practice was in jeopardy, due to people started to make it a point, that she was practicing law on the Internet. Last time I looked, that kind of stuff can get you in deep doo-doo, if you do not watch what you are doing or saying. As for what happened to her, that I do no know, but I do know that she no longer is in the position that she previously held in that agency.

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Mr Chips

Easy tiger.... I don't think the OP is asking for legal advice in the sense that they want someone to tell them step-by-step what they should do, but only is his/her situation worth seeing a lawyer over.

I don't know if you've ever noticed this, but sometimes I feel like some of the members here that are always talking about why the internet is evil, are also the ones that seem to have the highest post counts. I've never really understood that.

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Leah Frances

I'm not super concerned about people "giving legal advice" on the internet. I'm a huge first amendment fan - say what you want.

It's the people "getting legal advice on a DIY forum" that concerns me.

If the OP really needs legal help they could be led astray by someone-told-me-on-a-forum-that-I've-got-a-legal-case or the like. I realize that this is patronizing to the OP.... but in order for a the OP to properly reserve their rights and advocate for himself they should talk to an attorney.

If this was some yokel trying to remove posts from a load bearing wall wouldn't you want them to talk to an engineer who can actually see the entire situation?

There is a higher standard for professionals because of the risks involved to their clients.

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Mr Chips

My feeling is anyone that would decide to sue or not sue, based on advice from strangers on an internet forum, deserve what they get. I feel the same way about people that decide to remove a posts from a load bearing wall based on what someone claiming to be a structual engineer on the internet tells them. That being said, i think all the OP was looking for was someone to say " No it can't be done because of Mr Kotter v Board of Education law that idemnifies all principals in the USA" or " probably, but laws vary from district to district and state to state, so your best beat is to see an attorney".

It sounds to me like they were simply trying to get a feel if was worth paying a consultation fee for. what's wrong with that?

What i see on these forums is a lot of "can it be done type questions" and immediatley people start accusing them of wanting advice to do unpermitted work, or in this case of wanting someone here to tell them how to be their own attorney

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Leah Frances

Chips - I agree with you... you get exactly what you pay for on the internet.

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gregzoll

I do not think that the Internet is evil. It is just that there are some people that I have crossed ways with, that literally treat others as underlings. Just like the person I described. Of course, if they like to abuse people on the Internet, I can only imagine how they behave in real life. One of the reasons that I gave up my membership at dslreports.com, was due to there was literally no moderation of what was being posted. It was the Wild West. You could respond to someone in a way that you would think that you were helping them, and in turn, get attacked by others that feel that no matter what you posted, it was incorrect in every way.

Of course, there are also those types over at dslreports.com, and a few other sites like the Uverse by ATT forum, that you get people trolling on there to attack the other services. What I mean by that, is that if you posted something in response to a person on say the Comcast forum, but you have another service, you were looked at or should I say attacked to the point, that they take cuber-bullying to a whole new level.

I grew up when home computers were starting to take off. You could say that even though my parents did not go to Woodstock, that I am a child of the Woodstock era. Being that I have grown up around computer technology, I look at resources such as the Internet, a very good tool, that if used properly, that it can work for you. If used in the wrong ways, such as seeking out others to use as a punching bag, finding boards to go on and attack what the board is about, those are the types that need to be corralled and educated in what they are doing is not the correct way to make friends.

As for the OP, this question has been brought up in various ways, and can end up with various definitions, in the interpretation that one looks at it. Taking for instance, the original question of "Can a person sue their employer for wrongful discharge?", or "Can a student sue their school for wrongful discipline?"

I would say, that in my interpretation, due to the various laws to protect both the innocent and the guilty, the party being reprimanded or dismissed, would be looked at as innocent, until all various forms of actions that started the process, and what ended at the end of the process, would hold both accountable, but also both parties should be looked at as innocent in this matter, until fair hearing.

Now, I am not a lawyer, but have studied business law, and also held a Petty Officer rank in the Navy, along with also being a parent. Being that I have been on both sides as child, parent; boss, employee; lower ranking service member, a person of authority in the military, you have to step into the shoes of the person you are taking action against.

Now, to answer the OP question, my first response would be "What brought about the dismissal/discipline?" Are there multiple instances that caused the end result, was this a first time offense, were they chosen as a person that is a easy target? Now, for the later, if it came a part of a review board through the fact, that the first part was denied some kind of benefit through their state to replace lost wages, stuff like picking on a party because the other party felt that they could bully, it could get them in a world of hurt.

The other question would be, is this party in a Right to work state, or a state such as Illinois, that the majority of employers force you into a union, but in retail, fast food, it is a "Right to work" in those businesses.

Leah, I totally agree with you, in the sense, that I myself have seen too much of people jumping on the forum asking for legal advice, especially the forum I highlighted at the beginning of this reply. I personally look at getting legal advice on the Internet, is like going to your car mechanic for medical advice. This is another reason, that I have happened to see a lot more of people going onto forums, and trying to seek out as much as they can in what grounds they have to go after a service provider, or asking third parties on service providers forums to fix their service, instead of contacting the provider in the first place.

I will close in this, that we as users of the Internet, need to continue to educate those who may never have used a BBS type forum before, to use our experience to help them out, so they can pay it forward to help the next person. Now, if they come on here and never return after asking advice, you can usually do a web search and find mass postings of the same information, by the same user on multiple forums across the Internet.

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Willie T

Gosh. A lot of bandwidth used up just to skirt the most logical answer for all of us...... "I don't know."

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