I would like to find out what kind of legal claim I might have, if any, due to age or disability discrimination. I have worked for a major school district for 27 years and I am 58 years old. I have never been subject to discipline for any reason, have never received an unsatisfactory rating, and have never been found to have excessive absence.
Last year, due to developing health problems, I was sick 8 days in the spring term. I received a "letter in file" saying that such absence was "excessive" and warning me of future disciplinary action. Each absence was medically certified, and I had over 40 sick days in my sick bank.
This year, due to a continuance of a particular medical problem, I needed urgent surgery and was out for 20 days for this surgery. I had 49 days in my sick bank. Then I had to be out an additional 6 days for follow-up. All the days were medically certified.
I was called to a "disciplinary hearing" by my employer where they asked for a penalty of 3 months salary and a "final warning". The decision is to be made by an arbitrator and is binding. I have not yet received the decision.
The particular medical problem which caused my absence was diagnosed only in April 2009. It is a continuing issue for which I was granted a "reasonable accomodation" (a transfer) from my own school district this month (June).
Can an arbitrator legitimately discipline an employee for using accrued sick days when the use of those sick days have been shown to have been used legitimately? By the very fact that the school district allowed this case to come to arbitration, I am very worried about the outcome of this arbitration.
Other pertinent information is that I am a senior teacher at the top of the school district's pay scale, and two years ago, I was a union shop steward.
Furthermore, the principal of the school who initiated this hearing, has made clear that she does not want me at the school through a number of comments and actions over the past several years. The principal made clear her hostility to the union during the year I was shop steward and beyond.
I'd like to know what kind of legal recourse I might have given the above circumstances.
Thanks
Last year, due to developing health problems, I was sick 8 days in the spring term. I received a "letter in file" saying that such absence was "excessive" and warning me of future disciplinary action. Each absence was medically certified, and I had over 40 sick days in my sick bank.
This year, due to a continuance of a particular medical problem, I needed urgent surgery and was out for 20 days for this surgery. I had 49 days in my sick bank. Then I had to be out an additional 6 days for follow-up. All the days were medically certified.
I was called to a "disciplinary hearing" by my employer where they asked for a penalty of 3 months salary and a "final warning". The decision is to be made by an arbitrator and is binding. I have not yet received the decision.
The particular medical problem which caused my absence was diagnosed only in April 2009. It is a continuing issue for which I was granted a "reasonable accomodation" (a transfer) from my own school district this month (June).
Can an arbitrator legitimately discipline an employee for using accrued sick days when the use of those sick days have been shown to have been used legitimately? By the very fact that the school district allowed this case to come to arbitration, I am very worried about the outcome of this arbitration.
Other pertinent information is that I am a senior teacher at the top of the school district's pay scale, and two years ago, I was a union shop steward.
Furthermore, the principal of the school who initiated this hearing, has made clear that she does not want me at the school through a number of comments and actions over the past several years. The principal made clear her hostility to the union during the year I was shop steward and beyond.
I'd like to know what kind of legal recourse I might have given the above circumstances.
Thanks