Problems at Work?
Follow these Tips:

1. Community College Faculty and Certificated Employees in grades K through 12, who are Members of the California Teachers Association, have access to a valuable Group Legal Services Plan which covers the cost of legal representation to address certain work-related issues, and to defend them in administrative hearings under California’s Education Code. If you have the opportunity to become a
CTA member, do it! Visit http://www.cta.org

2. California’s K-12 public school teachers acquire important tenure rights after two consecutive years working in a full-time probationary status. If your new school district employer offers you a “temporary” contract, this teaching service may or may not eventually count toward attainment of tenure. Be sure to ask and understand why the position is “temporary.”

3. You are entitled to a copy of any document you sign in connection with your employment. Keep a file of these documents for future reference.
4. You are entitled to see what’s in any personnel file or files your school district employer is compiling on you – whether the file is at the site and/or at the district office. Make it a habit to inspect this/these file(s) every couple of years to make sure you know what’s
in them. See Education Code § 44031.

5. Don’t let negative or critical write-ups go unanswered if you disagree with them or have rebuttal comments, an explanation to offer, or extenuating circumstances to describe. Your failure to respond may be used against you in the future. For further guidance or help in responding, contact your Union representative. Keep a copy of your response.

6. Competent, dedicated people in every profession occasionally make mistakes. Stick up for yourself when appropriate but avoid being defensive in the face of constructive criticism. Consult a trusted but objective mentor or other professional for another perspective and advice.

7. Keep a file of the “thank you” notes or other forms of recognition or praise you receive from parents, students, or administrators.
8. Other helpful websites:
-- San Diego Education Association
-- State Office of Administrative Hearings
   

Nearly a decade ago, the California Teachers Association (CTA) selected our firm to provide legal representation -- under a Group Legal Services Plan -- to its members who are K-12 certificated employees (for example, teachers, counselors, librarians, nurses), or community college faculty and counselors employed by public school or community college districts in San Diego and Imperial Counties. Since then, our experience and expertise in enforcing the important rights guaranteed by California’s comprehensive (but complicated) Education Code have been brought to bear on behalf of hundreds of CTA members who needed capable, knowledgeable and dedicated advocates.

• We have successfully defended certificated employees and faculty in suspension and dismissal proceedings.

• When appropriate and directed by our clients to do so, we have negotiated separation agreements for teachers or faculty members facing discipline or dismissal on terms that were fair.

• We have successfully challenged school districts who have denied teachers their entitlement to permanent or tenured status and its corresponding protections under the Education Code.

• We have protected the rights of K-12 public school teachers when they have been faced with reductions in force or lay-offs.

• We have defeated public school employers’ improper attempts to collect on untimely claims of alleged overpayment of wages.

• We have enforced teachers’ rights to more favorable placement on a school district’s salary schedule based on years of experience and education.

• We have protected teachers against improper demands to submit to highly invasive psychiatric evaluations.

• We have litigated and won discrimination / retaliation claims on behalf of K-12 teachers and community college faculty members -- as well as on behalf of many other people employed in different occupations.

• We have succeeded in procuring reasonable accommodations for K-12 teachers with disabilities when the accommodations enabled them to continue to perform the essential functions of their job -- as we have also done on behalf of many other persons with disabilities in other occupations. See Disability Discrimination.

Our experience in civil Employment Law, as well as in Labor Law and in Workers’ Compensation, makes us uniquely qualified to determine if a public school district or community college is engaging in conduct in a particular case which violates state or federal laws of general application, such as the laws prohibiting Discrimination on the basis of age, sex, disability, race, ethnicity, or religion -- or the laws prohibiting retaliation against a teacher who engages in whistle-blowing or Union activity -- or the law prohibiting discrimination or retaliation against a certificated employee or faculty member who is injured on the job and files or pursues a Workers’ Compensation claim.

If you are a CTA member and have a work-related problem, you may be eligible for a referral to our law firm for a consultation or other assistance. Contact the CTA office which serves your CTA chapter or affiliate to inquire about a referral.

Legal Team
Ann M. Smith
Position: Partner
Admitted to Bar: 1985, California and U.S. District Court, Southern District of California; U.S. Court of Appeals, Ninth Circuit.
Education: Simmons College; Monterey College of Law (J.D., cum laude, 1985).
Of Note: 1993 Recipient, Outstanding Trial Lawyer Award, San Diego Trial Lawyers Association. Labor Negotiator for United Farm Workers of America 1976-1981 and for San Diego Municipal Employees Association 1986--.
Member: Consumer Attorneys of California, Consumer Attorneys of San Diego, San Diego County Bar Association, and State Bar of California.
Languages: Spanish.
Reported Cases: Salgado v. Atlantic Richfield Co. (9th Cir. 1987) 823F 2nd 1322. Branch v. Homefed Bank (1992) 6 CA. 4th 793.

Fern M. Steiner
Position: Partner
Admitted to Bar: 1977, Illinois; 1978, U.S. District Court, Northern District of Illinois and U.S. Court of Appeals, Seventh Circuit; 1985, California, U.S. District Court, Southern District of California and U.S. Court of Appeals, Ninth Circuit; 1987, U.S. District Court, Northern and Central Districts of California.
Education: Northwestern University (B.A., 1971); John Marshall Law School (J.D., cum laude, 1977).
Of Note: Listed in The Best Lawyers in America (Labor Specialty).
Author: "Interference with Rights of Employees," Labor Law for the General Practitioner, Chapter 4, 1984.
Member: American Bar Association, Industrial Relations Research Association, AFL-CIO Lawyers Coordinating Committee, National Lawyers Guild and its Labor & Employment Committee, San Diego Bar Association, and State Bar of California.

Jon Y. Vanderpool
Position: Partner
Admitted to Bar: 1992, California; 1995, Massachusetts; and U.S. Southern, Central, and Northern Districts of California.
Education: Rice University (B.A., 1986); Pepperdine University (J.D., 1992).
Member: American Inns of Court, San Diego County Bar Association, and State Bar of California.

Georgiana D'Alessandro
Position: Associate
Admitted to Bar: 2008, California and U.S. District Court, Southern and Central
Education: University of Vermont, Burlington (B.A. 2004); California Western School of Law (J.D., magna cum laude, 2008)
Member: San Diego County Bar Association, Lawyers Club, and State Bar of California
Languages: Spanish

Note: Nothing on this page should be construed as a legal opinion regarding any claim you may have. For a legal opinion, please speak with an attorney.

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