You and Your 3020-a Attorney

First, Mozel Tov to Marilyn Martinez and an actual WIN (Yes, I know, if you keep your job it
is a type of win, but Marilyn's is a true win) in her 3020-a hearing. False charges were brought against Marilyn by her principal at  Central Park East 1, Monika Garg. Norm Scott, who time and time again is at the forefront and one of the few people that I know who put their money where his mouth (Norm does what he does for complete selfless reasons. He is a true Mensch! If there is one person other than a actual attorney I want in my corner it is Norm!) is in helping teachers has much more about the mishagas that has been going on at CPE 1 and with Marylin over at his Ednotes blog.

So Marylin I was told had herself a NYSUT attorney. This was shared with me and though that person forgot the attorney's name he was described to me. I'm 99% sure it was my first NYSUT attorney. I can't give his name, but for today we will call him Bruce Wayne.

I'll tell you this about Bruce Wayne. He was on top of me. He cared. He returned phone calls. He listened to my ideas. He got incredulous when I was to appear on Howard Stern's Howard 101Sirius channel. So incredulous he sent me a certified letter and called me several times begging me not to do the show (He was concerned that I would say something ungood or get into a fight with High Pitched Erik).

But Bruce Wayne passed the baton to, in my opinion, a great lawyer and this lawyer saved worked her butt off. Bruce would have worked his butt off too I am convinced. I know he did for other teachers. Bruce Wayne is damn good.

So what is the point I am trying to make? My point is that don't let anyone fool you when they say to watch out for all NYSUT attorneys. That they don't care, that they don't want to go to trial. That they want you to resign.

Yes, I am sure, I have heard of, and know of NYSUT lawyers that don't care, don't return phone calls or emails, aren't prepared, etc... And yes I have heard and and know of teachers who were screwed over by their NYSUT attorneys and I feel for these teachers. . But I believe in my heart of hearts that such NYSUT attorneys are the exception rather than the rule.

Any legal representative telling you will win your case, is doing you a great disservice and being unethical. Don't believe anyone who tells you that they will win or your case is easy. Any lawyer, or for that matter anyone, who does not share with you offers from the DOE lawyer is doing you a disservice and is being unethical.

Heck, my second lawyer told me that I was given offers to resign and all that, but never was I told that I must. I was given the pros and cons of each offer that was made. In fact I tried to see if I can resign but do it in 18 months so I can retire with 20 years in. I forget whether or not if that offer was accepted. But that was the state I was in. But as anyone knows who reads this blog or knows me I decided to go feet first into the 3020-a abyss and it was scary.

What saved me was that as good great as my lawyer is the one person that is my best advocate, and is anyone's best advocate, was myself. I was not a spectator in my 3020-a. I was involved. I was involved in organizing papers, researching, taking copious notes during my hearing, brainstorming (Even when my ideas were out of left field!), and letting others, such as Norm, help out as well. 

Yeah, I was suspended for 4 months and it sucked! But guess what? I could have been terminated and that would have sucked a whole lot more! For four months I delivered auto parts, at $9.75 an hour. I worked 60 hours a week. I did what I had to do. I learned a lot about myself during my two years in exile and during the suspension(I also learned what a rip-off the mark up at your local garage is on parts). If I had another arbitrator it is entirely possible I could have been terminated. There but for the grace of God.

The whole point of this post is to tell anyone going through the hell of a 3020-a hearing is to be your best advocate. Roll up your sleeves and jump in and be your NYSUT, or if you go outside NYSUT, attorney's partner. At your first meeting ask any question that pops into your mind. Demand to know your attorney's background, their law school, etc... Every question is relevant.

Do not accept lack of communication. Do not accept anything other than your attorney's best effort. Come across as strong. You will not be hated but rather respected. And if you feel you are getting nowhere with your NYSUT attorney, go up the chain of command.

And if you decide that you don't want a NYSUT attorney for your 3020-a, as is your right, contact Jordan Harlow (Read his reviews here) ASAP!! Here is his contact information.

Again, you will not go wrong with Jordan.