QUESTION

Will I be ableto sue the district for wrongfully suspending me for 3 months without pay or could be terminatedif i don't agree to the suspension?

Asked on Apr 04th, 2022 on Wrongful Termination - New York
More details to this question:
My district is suspending me for three months without pay because without knowing I had co-vid returned to work after I was out for 2 days sick. My district test employees every Tuesday, I was out Tuesday and Wednesday do to having sympthoms of bronchitis. As soon as I felt better I went back to work without having a co-vid test done. When I was told that the school didn't have my Tuesday results I was asked to go get tested. When I went to get tested I was positive for co-vid. I had a meeting with Human Resources when I went to work the following week, I was told by the Union President that the principal wanted me terminated because knwoing I was sick I came to work and expose everyone at school. After waiting more than a week for word from the Union, I was told that the district is suspending me for 3 months without pay If I get in contact with the board or write any letter appealing the suspension I could be terminated.
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1 ANSWER

Labor and Employment Attorney serving Tarrytown, NY at Urba Law PLLC
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COVID is a very serious virus and as a country we might have a false sense of normalcy when that is not reality. My dentist attended a wedding and came down with a bad sinus infection. When other wedding party family called her with similar illnesses they all got tested and most of them had COVID. All vaccinated and one became very ill. So this is not over. Schools are potential incubators for mass outbreaks. They are apparently sending you a message that ill employees should stay home and always get tested after any illness. I think any of us who become ill and want to return to indoor workplaces will get tested following illnesses for years to come. The new reality. You should discuss the matter with a union attorney. That's why they represent you in exchange for paying union dues. Private lawyers will likiely charge thousands to represent you at a hearing with NO guarantees. If your union believes this may be a terminable offense that might be the case with private counsel or a union attorney. Any lawyer who advises you should: 1) Carefully review your union contract and all policies, procedures, handbooks, and documents governing your employment. 2) Carefully review your entire personnel file which may be FOIL requested by you or anyone else. If you don't have a complete copy this may be the time to request it because any disciplinary decisions will be made on anything and likely everything in that file. You will definitely not want to ever return to work in the future after any illness without a test or doctor's visit showing that you are clear. 3) All COVID protocols and policies especially the Tuesday testing one to determine whether you complied with those. 4) Any other memos, postings, prophylactic policies, state or federal mandates, DOE requirements, etc... associated with COVID. 5) DOE licensure or certification requirements. Depending on your own credentials you may want to investigate whether you violated any laws protecting the vulnerable. Children and elders are specially covered by the Justice Center and other agencies so make sure, maybe through your union, that your licensure or certifications will not be affected and hire private counsel if there is any potential issue there.  
Answered on Apr 05th, 2022 at 8:20 AM

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