Here is our perspective
John Deluca and EDUCATORS FOR FREEDOM have done outstanding research into figuring out what to do on this eve of our mass firings because we are educators who have declined covid vaccination.
First off, in my opinion, everyone about to get fired should take the UFT’s offer to “request a hearing” for a 3020 process. This is the legal process required to fire a tenured teacher in NYC.
…What De Luca and others have found out is that there are no charges being brought against any one of us. So if there are no charges, then there are no grounds for termination. This SHOULD be the UFT’s position, but it isn’t.
That’s because the UFT doesn’t care about you. All they care about is not setting a bad precedent where tenured teachers could be fired in the future without a 3020 process.
It’s a setup.
Nevertheless it is a setup you should walk into in my personal opinion (but bring your own lawyer if possible)
First piece of advise — READ THE ATTACHED EMAIL THREAD FROM A TRUSTED NYC DOE MEMBER ON UNPAID LEAVE WITH UFT GENERAL COUNSEL BETH NOLAN.
Second piece of advise — Sign the form for UFT and check off that you want a hearing but when you sign include the following stipulation next to your signature:
SIGNATURE ONLY VALID WITH ATTACHED STATEMENT” (and send them the following statement)
From my current understanding there are no charges against me and therefore it appears the entire notion that I can be terminated by the NYC DOE violates the contract I work under as an educator and the 3020 process. In order to be terminated charges must be brought against me and since there are no charges I clearly cannot be legally terminated. The UFT is requiring me to sign their form and check off that “I want a hearing” otherwise they are refusing to represent me moving forward. I have filled out the form as they require to continue moving forward with the process. However my signature in no way waives, invalidates, or changes my position that since there are no charges placed against me I cannot be legally terminated by the NYC DOE. In order to legally terminate me as a tenured educator there is a very specific legal process that must be adhered to. There is not even the hint that the correct process is currently being carried out in this regard.
Unless the 3020 process is followed in the detail and specificity in which it legally exists I cannot be terminated and, most certainly, I cannot be forced into a illegitimate 3020 hearing without seeing the charges against me.
THE ABOVE STATEMENT IS NOT LEGAL ADVICE.
PDF attached is important communication with Beth Nolan from a trusted source in regards to this (yet again) fraudulent process from the UFT.