Public Mediation

CIVIL CLAIM AGAINST DURHAM PUBLIC SCHOOLS FOR WRONGFUL TERMINATION, AGE DISCRIMINATION, RACE DISCRIMINATION

L. H. vs. Durham Public Schools
PO Box 30002, 511 Cleveland St, Durham, North Carolina, 27701-3334, United States
Amount Involved: $23,090.00
Complaint(s): Income loss
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
       (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 8070401
    • Amount Involved: 23,090.00
    • Filed On: Jun 08, 2014
    • Posted On: Jun 19, 2014
    • Complaint(s):
      • Income loss
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Statement of Claim
Complaint Involved (1) - View
Claimant says:
"MY COMPLAINT IS RELATED TO THE SCHOOL YEAR 2012-2013. I STARTED THE YEAR AS A 4TH GRADE ASSISTANT AND LITERACY INTERVENTIONIST AT CREEKSIDE ELEMENTARY SCHOOL IN DURHAM,N.C. DURING THE SCHOOL YEAR , I RECEIVED NO WARNINGS, NO WRITE-UPS AND NO REPRIMANDS. I HAVE COPIES OF E-MAILS FROM THE 4TH GRADE STAFF PRAISING MY WORK DURING THIS SCHOOL YEAR AND PREVIOUS YEARS WHEN I WORKED WITH THE SAME STAFF.

ALL OF A SUDDEN AT THE END OF THE SCHOOL YEAR I AM ACCUSED OF NOT ALLOWING A STUDENT TO USE THE RESTROOM, MAKING DEGRADING REMARKS TO ONE OF MY READING STUDENTS AND USING EXCESSIVE FORCE TO STOP A STUDENT FROM RUNNING IN THE HALLWAY. THERE IS NO WRITTEN, VIDEO OR AUDIO PROOF THAT ANY OF THESE ACCUSATIONS ARE TRUE. I CATEGORICALLY DENY THESE ACCUSATIONS. I TALKED WITH THE ITERIM PRINCIPAL AT THE TIME ABOUT THE STUDENT SAYING I DID NOT LET HIM USE THE BATHROOM AND ABOUT THE ACCUSATION THAT I MADE DEGRADING REMARKS TO A READING STUDENT. THE INTERIM PRINCIPAL SAID SHE WAS SATISFIED WITH WHAT I TOLD HER . SHE ALSO TOLD ME THESE OFFENSES WERE NOT CAUSE FOR TERMINATION. THE PARENT OF THE STUDENT IN MY READING GROUP WAS ASKED TO COME IN FOR A CONFERENCE , BUT DID NOT RESPOND TO THE INVITATION. HER SON WAS IN MY PROGRAM ALL YEAR, YET THE MOTHER MADE NO ATTEMPT TO TALK TO ME DURING THE YEAR. HER SON HAD AN ENTIRE YEAR OF GROWTH IN HIS READING WHILE IN MY PROGRAM.
THE MOTHER WROTE A LETTER TO THE INTERIM PRINCIPAL IN APRIL 2013 A MONTH AFTER THE PROGRAM HAD ENDED. I WAS NOT ALLOWED TO SEE THE LETTER UNTIL THE DAY I WAS FORCED TO RESIGN, JUNE 14TH, 2013. AFTER VIEWING THE LETTER, I NOTICED THAT THE INTERIM PRINCIPAL HAD NOT BEEN TRUTHFUL ABOUT THE CONTENTS OF THE LETTER AND HAD MADE IT SOUND WORSE THAN IT WAS.
EVEN THOUGH THERE WERE NO SIGNS THAT I USED EXCESSIVE FORCE WITH A STUDENT, I WAS CALLED BY HUMAN RESOURCES TO THE CENTRAL OFFICE. HUMAN RESOURCES PERSONNEL WAS RUDE, INTIMIDATING AND THREATENED MY JOB IF I DID NOT COME ON A SPECIFIC DAY AT A CERTAIN TIME. I WAS SUSPENDED SO AN INVESTIGATION COULD BE DONE INTO THE MATTER OF EXCESSIVE FORCE EVEN THOUGH I HAD ALREADY BEEN TOLD THERE WERE NO SIGNS OF EXCESSIVE FORCE. A COMPLAINT WAS READ TO ME BY HUMAN RESOURCES AND A 4TH GRADE TEACHER MADE MALICIOUS PERSONAL COMMENTS ABOUT ME IN THE LETTER THAT HAD NOTHING TO DO WITH THE ACCUSATION.

I WAS SUSPENDED WITH PAY FROM MAY 1ST 2013 - JUNE 14TH 2013. DURING THIS TIME I TRIED TO CONTACT HUMAN RESOURCES ABOUT THE STATUS OF THE INVESTIGATION AND THEY NEVER RESPONDED TO ME.
I HAD PERSONAL ITEMS AT CREEKSIDE AND I ASKED TO BE ALLOWED TO COME GET THEM
AFTER SCHOOL ONE DAY. I WAS NOT ALLOWED TO GET MY PERSONAL BELONGINGS. A BOX WAS SENT TO HUMAN RESOURCES AND MOST OF THE ITEMS IN THE BOX WERE NOT MINE.

ON JUNE 14TH I REPORTED BACK TO HUMAN RESOURCES. I WAS HANDED A NOTICE OF TERMINATION. THE LETTER INCLUDED THE ACCUSATIONS THAT HAD ALREADY BEEN TAKEN CARE OF ON THE SCHOOL LEVEL AND ALSO A LIST OF ACCUSATIONS FROM THE 4TH GRADE TEACHERS THAT I WAS SEEING FOR THE FIRST TIME. I WAS NOT GIVEN ANY TIME TO RESPOND TO THESE ACCUSATIONS. THESE ACCUSATIONS FROM THE 4TH GRADE TEACHERS WERE FALSE OR EMBELLISHED. ALL OF THE ACCUSATIONS MADE WERE ACTIONS THAT ALL OF THE 4TH GRADE TEACHERS WERE GUILTY OF DOING THEMSELVES ON A DAILY BASIS, YET NONE OF THEM WERE SUSPENDED OR TERMINATED. A COMPLAINT WAS MADE ABOUT A 4TH GRADE TEACHER WHO IS YOUNGER THAN ME AND BLACK. SHE WAS NOT SUSPENDED OR TERMINATED FOR VIOLATING SCHOOL AND DISTRICT POLICIES.

I WAS NOT ALLOWED TO ASK QUESTIONS ABOUT MY TERMINATION. I WAS JUST TOLD I COULD RESIGN THAT DAY OR BE TERMINATED. I WAS NOT ALLOWED DUE PROCESS.
I FEEL MY TERMINATION WAS BASED ON MY AGE AT THE TIME 55, AND MY RACE, WHITE. ALL OF THE OTHER 4TH GRADE TEACHERS WERE YOUNGER THAN ME OR BLACK.

I HAVE SUFFERED FINANCIALLY SINCE A YEAR LATER I STILL HAVE NO FULL TIME JOB. I HAD TO MOVE FROM DURHAM BECAUSE I COULD NO LONGER AFFORD TO LIVE THERE WITHOUT A JOB. I SUFFERED EMOTIONALLY AND MY PROFESSIONAL REPUTATION WAS DAMAGED. I HAVE LAWYER FEES AND MOVING FEES. I HAVE TO PAY MY OWN HEALTH INSURANCE. I BELIEVE DURHAM PUBLIC SCHOOLS SHOULD ALSO PAY PUNITIVE DAMAGES SO HOPEFULLY THIS WILL NOT HAPPEN TO ANOTHER TEACHER. THIS WAS A CLASSIC CASE OF OVERREACTION BY THE SCHOOL DISTRICT, MALICIOUS FORCED TERMINATION, AND AGE AND RACE DISCRIMINATION.
JUST RECENTLY , DUE TO THE FREEDOM OF INFORMATION ACT, I HAVE RECEIVED STATEMENTS MADE BY 4TH GRADE TEACHERS AT CREEKSIDE ELEMENTARY MAKING MALICIOUS AND LIBELOUS STATEMENTS ABOUT ME. I HAVE E-MAILS FROM THESE SAME TEACHERS TO REFUTE ALL OF THEIR ACCUSATIONS.
THE STATEMENTS ARE NOT NOTARIZED, SWORN OR GIVEN UNDER OATH. THESE TEACHERS REGULARLY USED ME AS A SUB . ONLY 4 OF THE 7 4TH GRADE TEACHERS CHOSE TO GIVE STATEMENTS EVEN THOUGH I WORKED WITH ALL OF THEM DURING THE 2012-2013 SCHOOL YEAR AND PRIOR TO THAT YEAR. THEIR PERSONAL ATTACKS HAVE NOTHING TO DO WITH THE QUALITY OF MY WORK.
THIS BECAME A WITCH HUNT BY JUST A FEW TEACHERS WHO GOT THEIR FEATHERS RUFFLED FOR SOME REASON.
I HAVE BEEN INJURED FINANCIALLY AND EMOTIONALLY AND I AM READY TO REACH A FAIR SETTLEMENT WITH DURHAM PUBLIC SCHOOLS. PLEASE CONSIDER A FAIR SETTLEMENT IN LIEU OF A TRIAL THAT WOULD BE COSTLY TO BOTH PARTIES AND NEGATIVE PUBLICITY FOR DPS. THANK YOU IN ADVANCE . A CIVIL SUIT WILL HAVE TO BE FILED IF WE CANNOT REACH AN OUT OF COURT AGREEMENT."
...
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Additional Communication Between Claimant and Durham Public Schools Hide
  • Jun 11, 2014, Claiming party added:

  • Please keep in mind that a settlement does not mean DPS is admitting any guilt.
    A settlement will keep everyone from paying fees to lawyers, and calling in DPS personnel to court to testify.

  • Jun 11, 2014, Claiming party added:

  • Please keep in mind that an out of court settlement is not an admission of guilt by Durham Public Schools. An out of court settlement will keep DPS from paying legal fees, having the claim put out to the public, and keep from having to call DPS personnel into court to testify.

What Claimant Wants Hide
Message from Claimant: IN ORDER TO SETTLE THIS CLAIM NO LATER THAN JUNE 19TH AND KEEP IT OUT OF COURT, I WILL ACCEPT A LESSER AMOUNT OF $23,090 WHICH EQUATES TO 1 YEAR OF SALARY THAT I LOST... I LOOK FORWARD TO HEARING FROM YOU.
1. Lost wages Jun 19, 2014 $23,090.00
Cash total : $23,090.00
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)

Respondent's Counteroffer

There has been no response to this claim from DURHAM PUBLIC SCHOOLS. This claim will remain posted until resolved
Offer History
Jun 08, 2014
Claimant's Terms of Settlement to DURHAM PUBLIC SCHOOLS
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