Submitted by MissTeacher36 on
Jurisdiction:
Area of Law:
Question:
I am a teacher in Phila. and I just received a termination letter. My union seems to be doing very little. I have an ongoing complaint filed with the HRC/EEOC for discrimination over the past 2 years for a medical disability caused by an accident.
I have already won the right to sue the school district within the past year.
I am caught between a rock and a hard place in that I can't afford an attorney to file a wrongful termination suit. I make a good wage, almost 3 figures, as I'm a veteran teacher, but I have just about depleated my savings since my accident. The disciplinary action has all suddenly happened in the past year or so, with good employment history and excellent teaching scores and reviews. I believe extreme retaliation and discrimination exists. Also, I'm about to loose my home if I'm fired and can't pay my mortgage.
Am I entitled to unemployment? Are there free attorneys to help in a case like mine?
I'm quite sure if I found someone to hear my story that would be willing to take my case on a contingency basis, they would surely see the merits based on many letters written by class parents in my support, as well as, witness statements.
Thank you.
Selected Answer:
Besides the backdrop of your
Submitted by DakotaLegal on
All Comments
Besides the backdrop of your
Submitted by DakotaLegal on
Besides the backdrop of your discrimination case (which I also want to comment on), you also asked three every specific questions. Let’s start with those and then move on, since you pretty clearly are worried how to simply survive, let alone getting to the core of what has been done to you by your employer since your injuries. Unfortunately, many of the major law firms retained by school districts count on exactly this type of attrition to wear fine teachers down into a weak settlement position.
It seems either the labor union has failed to adequately push this issue, or you have simply accomplished a great deal, all on your own. I want you to know that what you have accomplished this far means you have indeed made a strong preliminary claim. Let’s try and see that you get across the finish line, by talking about your three immediate worries:
- What about losing your house?
It’s very hard to concentrate on a lawsuit when you worry about losing virtually everything. I strongly suggest you consider bankruptcy: just filing for bankruptcy can give you valuable time. You also can attempt to restructure your debt, based on your grounds for an expected lawsuit recovery (your discrimination and breach of contract suits are assets) and, to a lesser degree, unemployment insurance. We’ll talk about getting low-cost legal help in a minute, and those sources can help you in the area of bankruptcy, too. It’s best not to wait when it comes to stopping foreclosure. http://money.cnn.com/ 2010/07/ 21/real_estate/bankruptcy_and_foreclosure/index.htm.
- Can you receive unemployment?
I never understood why, but so many people assume that being fired means they cannot get unemployment. It’s almost always just the opposite. Being fired, even supposedly for cause, does not mean you don’t get covered. The employer is meeting their obligations to pay your unemployment, especially when they terminate you.
The odds are you will receive unemployment coverage unless you committed a crime such as an assault, theft, or some drug offense. Performance issues are almost always valid grounds for receiving unemployment. Here’s a case, where a teacher used corporal punishment, and just barely did not receive unemployment benefits… http://caselaw. findlaw.com/pa-commonwealth-court/1382668.html.
- Can you get free legal help?
There is not only free help, but also deferred payments (as with the bankruptcy option mentioned above) and low cost options. I know of many people, no longer working, who essentially did an internship with a law firm in order to lower their legal costs. Here’s a soirce for low cost help: http:// www.palegalaid.net/.
FREE CONSULTS: For example, you might benefit from working only with an experienced Pennsylvania education law expert. You can ask for a referral to a lawyer with experience in Ed law, who offers free or fixed-cost consultation. I’d suggest never paying for a consultation: a lawyer who wants to charge you just to talk is less likely to have your best interests at heart. http://www.pabar.org/public/membership/lrsblurb.asp.
Regardless, you can almost certainly find a young, hungry lawyer who will take your case on contingency, and also help carry fees until recovery. I suggest limiting the number of firms you talk to about the case, because “shopping” for a lawyer is exhausting.
Your Other Issues:
I’m including a reference to a case, to indicate (based on your description of the case) that you have the grounds for a strong case of wrongful termination (breach of contract). Your employment handbook is, as the following case indicates, an important part of proving how the school failed to provide you adequate consideration and support. Here’s that case: http://caselaw.findlaw.com/pa-superior-court/1090531.html.
Based on the nature and extent of your injury and medical condition, I would also want to know if you have rights under the Americans with Disabilities Act (ADA). The reason this may be so important is to test whether the school district, clearly on notice of your injury, failed to make any reasonable accommodation. http://www.icdri.org/ legal/Pennsylvania%20kPAD.htm.
Besides the backdrop of your discrimination case (which I also want to comment on), you also asked three every specific questions. Let’s start with those and then move on, since you pretty clearly are worried how to simply survive, let alone getting to the core of what has been done to you by your employer since your injuries. Unfortunately, many of the major law firms retained by school districts count on exactly this type of attrition to wear fine teachers down into a weak settlement position.
It seems either the labor union has failed to adequately push this issue, or you have simply accomplished a great deal, all on your own. I want you to know that what you have accomplished this far means you have indeed made a strong preliminary claim. Let’s try and see that you get across the finish line, by talking about your three immediate worries:
It’s very hard to concentrate on a lawsuit when you worry about losing virtually everything. I strongly suggest you consider bankruptcy: just filing for bankruptcy can give you valuable time. You also can attempt to restructure your debt, based on your grounds for an expected lawsuit recovery (your discrimination and breach of contract suits are assets) and, to a lesser degree, unemployment insurance. We’ll talk about getting low-cost legal help in a minute, and those sources can help you in the area of bankruptcy, too. It’s best not to wait when it comes to stopping foreclosure. http://money.cnn.com/ 2010/07/ 21/real_estate/bankruptcy_and_foreclosure/index.htm.
I never understood why, but so many people assume that being fired means they cannot get unemployment. It’s almost always just the opposite. Being fired, even supposedly for cause, does not mean you don’t get covered. The employer is meeting their obligations to pay your unemployment, especially when they terminate you.
The odds are you will receive unemployment coverage unless you committed a crime such as an assault, theft, or some drug offense. Performance issues are almost always valid grounds for receiving unemployment. Here’s a case, where a teacher used corporal punishment, and just barely did not receive unemployment benefits… http://caselaw. findlaw.com/pa-commonwealth-court/1382668.html.
There is not only free help, but also deferred payments (as with the bankruptcy option mentioned above) and low cost options. I know of many people, no longer working, who essentially did an internship with a law firm in order to lower their legal costs. Here’s a soirce for low cost help: http:// www.palegalaid.net/.
FREE CONSULTS: For example, you might benefit from working only with an experienced Pennsylvania education law expert. You can ask for a referral to a lawyer with experience in Ed law, who offers free or fixed-cost consultation. I’d suggest never paying for a consultation: a lawyer who wants to charge you just to talk is less likely to have your best interests at heart. http://www.pabar.org/public/membership/lrsblurb.asp.
Regardless, you can almost certainly find a young, hungry lawyer who will take your case on contingency, and also help carry fees until recovery. I suggest limiting the number of firms you talk to about the case, because “shopping” for a lawyer is exhausting.
Your Other Issues:
I’m including a reference to a case, to indicate (based on your description of the case) that you have the grounds for a strong case of wrongful termination (breach of contract). Your employment handbook is, as the following case indicates, an important part of proving how the school failed to provide you adequate consideration and support. Here’s that case: http://caselaw.findlaw.com/pa-superior-court/1090531.html.
Based on the nature and extent of your injury and medical condition, I would also want to know if you have rights under the Americans with Disabilities Act (ADA). The reason this may be so important is to test whether the school district, clearly on notice of your injury, failed to make any reasonable accommodation. http://www.icdri.org/ legal/Pennsylvania%20kPAD.htm.