Problem Codes Still Pop Up for Some Unvaxxed NYC Educators

by Michael Kane

8-18-23

Many NYC educators fired or displaced for declining covid vaccination are going back to work this September but they have not been “made whole.” They are not getting back pay for being illegally fired or displaced, they are likely losing any tenure they had prior to being fired or displaced, and it is unclear if they are starting at the lowest pay scale or not. By all accounts that I have received, no one is being asked to sign a waiver to return to work at this point in time. The unvaccinated can look for employment in the NYC DOE now and still maintain the right to sue for past damages.

At least three NYC educators returning to school ran into issues with background checks and PROBLEM CODES popping up on their files. Many spoke to me confidentially about their situations. Below is an account of what I have been told maintaining the anonymity of all sources. It was originally prepared as an affidavit but has not yet been submitted to the court, and I left it in affidavit fashion simply not having the time to rewrite it in proper report format. It is important that this information is made public right now (jump down to #10 to get to the meat of the information).

I would estimate a few hundred unvaccinated educators and employees are returning to the NYC DOE this September. – mk

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[MICHAEL KANE], declares under penalty of perjury that the following is true:

1. I am Michael Kane, the founder and head steering committee member of Teachers for Choice.
2. Both myself and Teachers for Choice are named plaintiffs in this case.
3. Teachers for Choice has been a leading association in resisting vaccine mandates to maintain employment throughout New York with the majority of our efforts focused on New York City since 2020.
4. I am the editor and publisher of the website www.TeachersforChoice.org which has received over 1,000,000 views in the 2 ½ years it has been operating.
5. Thousands of people follow our updates at the website and on our social media platforms to get the latest information on vaccine mandates in NY and NYC.
6. We publish legal updates and legal documents on a regular basis and have come to be known as one of the most trustworthy publications delivering primary source materials dealing with vaccine mandates in NY.
7. Reporters with ASSOCIATED PRESS, BBC, GOTHAMIST, NY 1, PIX 11, FOX, BRONX 12 NEWS, NY POST,  NEWSMAX and more have often utilized us – and me personally – as a primary source in their reporting. 
8. I have been interviewed dozens of times by these various mainstream news organizations (and others).
9. Hundreds upon hundreds of NY educators have contacted me since 2020 regarding covid vaccine mandates, their employment in NYC, and the multiple lawsuits I am involved in.
10. In July and August of this year, multiple NY educators displaced for declining covid vaccination began to contact me saying they had been offered a job and “nominated” for positions by their former principals.
11. In some cases they reached out to their principals asking for their job back, in other cases the principal initiated contact with them.
12. Three such individuals shared with me they were having direct issues with delays in their background checks because they were made definitively aware that “PROBLEM CODES or “flags” were on their files.
13. I spoke to all three of these individuals at length for over an hour.
14. All three of these individuals stated they had never received a “letter to file” nor had they ever had any legal problems which might cause problems or delays with a background check.
15. All three of these individuals stated they were sure the only reason a PROBLEM CODE or “flag” would be on their file now is because they were fired or displaced for declining covid vaccination.
16. This surprised me because it is now almost 6 months since the vaccine mandate was dropped. I assumed all PROBLEM CODES for unvaccinated workers would have been removed long ago.
17. After speaking to these three individuals I decided to make a public post stating any unvaccinated educator whose principal is reaching out to them to return to their job should contact me.
18. I was overwhelmed with messages and phone calls immediately following this post.
19. Most of the individuals who replied stated they were just starting the process, but a few were further along in the process.
20.  Two of those who responded said they were experiencing delays with their background checks, and one specifically said they had run into an issue with a PROBLEM CODE.  
21.  None of the educators I spoke to consented to their names or identities being revealed because all they truly want is their jobs back, and they worry if they go on the record about these issues it will jeopardize their potential employment.
22.  In addition to all of the above information, multiple educators told me they were informed by the United Federation of Teachers (UFT) union that their tenure is going to be revoked if they return to the NYC DOE now, though they may retain the salary and step they left off at.
23. In NYC it traditionally takes 4 years to obtain tenure and while a teacher is untenured they can be fired for virtually any reason without any due process protections.

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Michael Kane