I taught at my former institution for 9 years, tenure status, never have been in any trouble prior to being falsely accused.
If you are tenured then you have substantial procedural rights to challenge your termination and many presumptions in your favor. Get ahold of a copy of your tenure rights, file your appeal immediately (time limits can be short) and start your search for legal counsel.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
As a tenured teacher, you likely have rights under the Education Code in FL. In CA, when a School District wants to dismiss a permanent, certificated teacher, based on allegations (which many times are false and taken out of context) the School District is required to follow the dismissal process outlined in the Education Code. Under the Education Code in CA, a permanent, certificated teacher is entitled to a hearing prior to being dismissed. What happens is the School District informs the teacher of the allegations/charges, and then advises the teacher of its intention to proceed with a dismissal (Notice of Intent to Dismiss). It is the teacher's responsibility to request a hearing, or else the teacher wavies the right to a hearing and will be dismissed from the School District without the opportunity to defend against the charges. Many times School Districts pressure a teacher to resign and do not inform the teacher of his/her rights under the Education Code. By so doing the School District avoids a hearing, which is expensive and time consuming. I always advise teachers NOT to sign a resignation when asked to do so by the School District and to immediately contact an attorney. Unfortunately many teachers are not aware of their rights under the Education Code and sign the resignation form (like you). You should definitely consult with an education attorney in FL as the laws differ in each state.
The answer provided is not legal advice. It is for informational purposes only. It does not constitute an attorney-client relationship. You should not rely on the answer before consulting with an attorney during an official legal consultation.
How were you forced to resign? This may play a part in a possible constructive discharge claim. You should review the due process rights granted to you. You need to contact an experienced employment law attorney ASAP.
The answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. A definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney through a consultation in which the attorney can evaluate your individual facts and then apply them to the law. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship. l
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline