Can this teacher's aide be fired?

[involved_parent]

In December a teacher's aide threw a pencil and hit my son on his cheek, about one inch below his eye. She told the school administrators she was aiming at the door, not my son, but just before she talked with the administrators she told me and another teacher she was upset because he was talking. My son also told me that just before she threw the pencil she said, "(his name), why can't you just be quiet!?!" Then threw the pencil. The school told me they couldn't fire her because she could come back and say she was fired wrongfully. Is this true? It is a charter school, so they are kind of their own district, but it is also the Director's first year in administration, so I am wondering if she just doesn't know the policy. The school has let other teachers and aides go, so I know they can fire if they choose to. Would it be considered a wrongful termination if they did fire her? I can provide more information if necessary.

Thanks,
Involved Parent

 

[Duranie]

Well technically that can be considered assault.

I would tell the principal that you want the child in another classroom. You could also call the police to see if there is enough evidence to warrant an investigation.
I do not see how it would be wrongful termination .Most states are right to work so you can be fired for any reason.

 

[cbg]

Most teachers are in a union and have a contract that specifically states under what circumstances they can be fired. It's possible that this does not meet the criteria.

 

[calalily]

I agree with Duranie that it is an assault and you still may be able to file charges or at least put the administration on notice you intend to do so. I hope a lot of time has not passed. What if she had hit him in the eye? I am not sure how Charter schools work but whoever is in charge of that school, and is over the director, should be notified immediately of this persons actions. Get a statement from the other teacher you mention if she is willing to give it to you. I was involved in a similar situation and CBG is right about the unions but I am not sure they cover teacher's aides. A teacher threw a book at a student and hit him on the cheek and he was put on ladministrative leave, then reassigned while an investigation was held. The police were called after the principal did his own investigation. It lasted a year and he was finally terminated. Everyone even remotely involved had to tetify in a school hearing and like the teacher you mentioned, I had been told information that I had to reveal in the school hearing. December is a long time though and it might be too late for an assault charge but call the police and see.

 

[cbg]

Just one thing to remember - there are NO circumstances in which an employer is REQUIRED to fire someone.