from Michael Kane
For those NYC DOE employees currently on unpaid leave due to declining covid vaccination who do not want to give up your rights to sue the DOE, you cannot sign the waiver that is on the SOLAS system. The waiver is required if you want to keep your healthcare benefits for one year and/or get your CAR days paid back to you. Many have no choice but to sign the wavier because they need these options and I understand this. We all need to survive, we all need to eat.
However, if you are like me you will not be signing this waiver.
I won’t sign because I want to maintain my rights to sue the NYC DOE for blatant violations of my constitutional rights. Because of this I sent the following email to the NYC DOE Chancellor Meisha Porter with my attorney cc’d.
TO BE CLEAR – THIS IS NOT LEGAL ADVICE. I CANNOT GIVE YOU LEGAL ADVICE AS I AM NOT A LAWYER NOR DO I REPRESENT YOU. I AM MERELY SHARING WHAT I AM DOING UNDER THE ADVICE AND GUIDANCE OF MY ATTORNEY BECAUE HUNDREDS OF YOU HAVE BEEN ASKING ME:
SUBJECT LINE – Maintaning my rights to sue the NYC DOE
(sent 10-21-21, 4:44pm)
Dear Chancellor Porter:
My name is Michael Kane. I am a NYC DOE Teacher currently forcibly placed onto unpaid leave through action taken by the DOE which was no choice of my own. I filed for a religious exemption to vaccination which was denied even though I have sincerely held religious beliefs. I appealed that decision as being illegal and unconstitutional and my appeal was denied for unconstitutional reasons and through an unconstitutional and openly discriminatory process applied by the NYC DOE in violation of my First Amendment rights. I am currently suing NYC over this in a case known as KANE vs DE BLASIO.
I have not quit, resigned or retired and I will not be quitting, resigning or retiring. It is the NYC DOE that has forced me onto unpaid leave. I am ready, willing and able to return to my teaching position however you are preventing me from doing so by forcibly keeping me on unpaid leave.
Since NYC DOE has illegally denied my constitutional rights and refuses to pay or employ me, your decisions are denying me the most fundamental constitutional right of all – that to life itself. Without income I can’t pay my bills or feed myself nor my family. I cannot violate my sincerely held religious beliefs in order to get a paycheck. Nor can I waive my right to enforce my religious rights by signing your waiver of my right to sue to get benefits. Therefore I am seeking other employment because the NYC DOE under your leadership leaves me no other choice.
Nevertheless, I repeat one last time; I am ready, willing and able to return to my teaching position in the NYC DOE. I have not quit, I have not resigned, I am not retiring. You have constructively discharged me.
Thank you for your time.