Under the circumstances, It would make sense to sit down with an attorney for a consultation. Your rights would center around the reasons for your resignation. If you are a New York City school teacher, you might have certain rights under your union or collective bargaining agreement. Further, when you resigned, the specific language in your resignation and any other documents you may have signed may come into play. Further, there are time limitations in terms of your rights to contest certain actions that may also come into play. For these reasons, I would look for an attorney experienced in both labor and employment law. It is my recommendation that you act relatively quickly to preserve any rights you may have.
William J. Lasko, Attorney at Law, 203 329-6602
Section 3020-a of the Education Law sets forth the disciplinary procedures and rights to a hearing that you are entitled to as a tenured employee. Your question does not indicate if you were given a hearing and/or at what stage of the disciplinary proceedings this settlement occured. Also, you do not indicate whether the terms of this settlement were put into a writting signed by you and the school district/department of education. In my experience, these types of settlements are almost always put in writting. If the district/department of education agreed to give you a nuetral recomendation and is now giving you a negative recomendation, it would be in breach of the terms of the settlement agreement and you would have every right to sue the district/department of education for damages arising from breach of the agreement. As to sending this dispute to labor relations, this may not be an issue for the union. Usually the union protects your rights to representation at a 3020(a) hearing and the union contract gives the union rights to file a grievance of any improper termination. Because the settlement has already been agreed to by you and the School District, you may not be required to pursue your claim through the union. I would contact an attorney as soon as possible for a consultation concerning this matter as there may be certain time limitations that you will be required to comply with when making a claim. Make sure the attorney is well versed in the Education Law and bring him all documents you have pertaining to the disciplinary proceeding and the settlement, as well as al correspondence between you and the Chancellor or the Union.
As for how much this would cost, different firms with different levels of experience charge different fees for this type of work. If you chose to contact my firm I would be happy to discuss fees with you, but there is no general rule regarding the fees charged in these types of cases.
Was there any writing that recorded the terms of your resignation?
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