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3020a Hearings

Long Island 3020a Attorneys

After serving a probationary period, public school teachers on Long Island are afforded important rights under New York’s education law, most notably tenure. Tenured teachers cannot be terminated without being given notice and a hearing pursuant to Section 3020a of the Education Law. Teachers who have been served with 3020a charges are often provided legal representation by their union. But, teachers also have the right to hire a lawyer of their own choosing. Long Island 3020a lawyers Famighetti & Weinick, PLLC, may be able to help.

Probation Verse Tenure

Probationary teachers have little rights when it comes to job security. Generally, probationary teachers can be fired for any reason. Administrators, however, must act in good faith and in compliance with applicable laws, rules, and procedures. For instance, administrators must follow proscribed observation and rating rules when evaluating teachers’ performance. Additionally, administrators cannot discriminate against teachers on the basis of sex, age, religion, disability, national origin, race, or pregnancy. Moreover, administrators cannot retaliate against teachers who exercise protected rights, such as taking Family Medical Leave (FMLA) or engaging in union activity. When administrators act in bad faith in terminating a probationary teacher, the termination may be challenged in court using an Article 78 proceeding. If the bad faith included discrimination or retaliation, the probationary teacher may also be able to bring a lawsuit in state or federal court.

disciplinary charges Tenured teachers, on the other hand, enjoy the privilege of job security. Tenured teachers cannot be fired without cause and without being provided notice of disciplinary charges and a hearing. 3020a hearings are generally held at the school district’s offices, or if the teacher is employed by the New York City Department of Education, the hearing may at OATH, the Office of Administrative Trials and Hearings. At the hearing, evidence is presented to the hearing officer. The school district has the burden of proving the charges, but the teacher has an opportunity to present a defense. This is why representation by experienced 3020a attorneys is important. After the evidence is presented, the hearing officer will make a recommendation to the school board as to whether the teacher is guilty of the charges and if so, what penalty should be imposed.

I’ve Been Served With 3020a Charges, What Should I Do?

If you have been served with 3020a charges, you should speak with an experienced 3020a attorney immediately, either through your union or with a private 3020a lawyer, such as Famighetti & Weinick, PLLC. The 3020a lawyer will discuss your rights and options with you. At Famighetti & Weinick, PLLC, our attorneys will explore with you whether there is any basis to file a lawsuit against the school district. We believe offense is the best defense! A frequent basis for a lawsuit is discrimination or retaliation.

Whether or not you have a lawsuit against the school district, you should be prepared to defend yourself in the 3020a proceeding with a 3020a lawyer. At Famighetti & Weinick, PLLC, our 3020a attorneys will work with you to prepare you and your witnesses for the 3020a hearing. We will also review your evidence and discuss ways to counter any evidence the school district may have.

Contacting a Long Island 3020a Lawyer

Famighetti & Weinick, PLLC are Long Island 3020a lawyers. If you have questions about teachers’ rights, 3020a charges or hearings, or discrimination or retaliation in the workplace, contact one of our 3020a lawyers. Our employment lawyers are available at 631-352-0050 or on the internet at our website. More information about employment law and teachers' rights is available on our blog or on Facebook.

Client Reviews
From my personal experience, Matthew Weinick has always managed to go above and beyond as an attorney. While handling my case, he was very professional, supportive and reassuring. It was easy to see his devotion in bringing me justice from day one. I saw how invested he was which motivated me to take the stand and fight for my rights. I am extremely grateful that he agreed to take on my case and I could not have asked for better legal representation or consult. Ariel Kaygisiz
Very grateful for all the hard work! Mr. Famighetti did an amazing job. He was very knowledgeable and I was always kept up to date on the details of our matter. I appreciate the attentiveness and the time taken to explain each step and answer any questions I had during the process. I would absolutely recommend Mr. Famighetti and his firm Famighetti & Weinick to anyone. Danielle
Matt Weinick is an excellent attorney. With his assistance I was able to get exonerated from false allegations against me. Sara
Mr. Weinick is the utmost professional. I called him for help with an employment issue and I was in his office the next day for a free, almost hour long, consultation. I ultimately retained him for his services and his professionalism continued, he is extremely talented and well versed in employment law and he answers emails immediately, he even emailed me a few times to check on how things were progressing. I cannot thank Mr. Weinick enough for his help, and I wouldn't hesitate to call him again if necessary. Hopefully there will be no need, but in today's employment landscape you never know. Thanks again. Tom Orlik