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Fired from my job from Sleep Apnea, need advice to get it back.

I need help preparing for a hearing that I'll be having soon to get reinstated in my elementary school teaching job. I was put on "administrative leave" January 18, '12. I have overslept over the last 15 years about 1 time per year, maybe twice and now as of the last 3 years, about 3 to 4 time. My district administrators say that because of the kind of job I have, having to be there on time for my students, they believe that I am unfit for my duties as a teacher. They plan to dismiss me. 

   My union has told me that I've been offered a settlement: pay to the end of the school year, and benefits until the fall. 

    I don't want that. I want to be back in my classroom. Can you tell me what I can do to fight this? 

    I've been on C-PAP since late October, did oversleep twice with the machine right after the beginning of using it. I have had changes in pressure made by the sleep lab, I changed the size of my nasal pillow (mask) and the results show that I am responding excellently to the machine. 

    I have a doctor's signed letter discussing the effects of OSA, one from my doctor that states I am fully able to work, without accommodations,  and a form that says that I'm responding excellently from the therapy. 

     I will do whatever it takes to get my job back. Please help. 

                                                                            Barbara 

   

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if you are young seek union advice

or think about retiring

I think the letters you have from your doctors should be sufficient.  I don't know if this is an appropriate situation in which to involve a lawyer.  Do you have a personal union rep that will be straight with you about your rights?   Has your job performance been exemplary?

Good luck.

 I DO NOT KNOW WHAT STATE U LIVE IN BUT THAT CANNOT DISS MISS U FROM UR JOB   FROM OVER SLEEPING AND BEING LATE   FIGHT IT !!!!!!!   GET UR UNION REP LAWYER 

Well, they say that in (CA) my job, teaching, I have to be there when the kids arrive. That is an important part of my job. But my feeling is that if the cpap takes care of the results of OSA, fatigue and sleepiness, then the problem is fixed. Does anyone know of a similar case as mine happening where the OSA patient won? 

allan flanz said:

 I DO NOT KNOW WHAT STATE U LIVE IN BUT THAT CANNOT DISS MISS U FROM UR JOB   FROM OVER SLEEPING AND BEING LATE   FIGHT IT !!!!!!!   GET UR UNION REP LAWYER 

My reputation in the school community--they don't know what's going on,. they probably think I did something just awful, my working for retirement at its full potential, etc. is also something I think I'm fighting for. 

99 said:

if you are young seek union advice

or think about retiring

my school district office seems to want to stick to their guns and proceed to fight this. They see my actions to be willful. So, our union lawyer will take this to a hearing. I hope this lawyer researches well enough to help me.

Mary Z said:

I think the letters you have from your doctors should be sufficient.  I don't know if this is an appropriate situation in which to involve a lawyer.  Do you have a personal union rep that will be straight with you about your rights?   Has your job performance been exemplary?

Good luck.

what actions are willful

1  your sleeping late

2  your fight to keep your job

3  your fight with the school district office

two of the above or all three

ask your union rep for clarification

near the end of you suspension put in a sick note

or seek union advice to put in a sick note

in addition to what ever your entitled too

ask both partys to keep you informed of development

eg the union and the school district office

once a week ask for  updates

they will tire of you and see  you get justice

but be super nice like butter would not melt in your mouth

my sleeping late and coming to work late as a result



99 said:

what actions are willful

1  your sleeping late

2  your fight to keep your job

3  your fight with the school district office

two of the above or all three

ask your union rep for clarification

not a problem....and I will stay on them, now. I want to give my union attorneys information that I fear they will not come up with. I need to find another similar situation where the person with OSA got their job back.

99 said:

ask both partys to keep you informed of development

eg the union and the school district office

once a week ask for  updates

they will tire of you and see  you get justice

but be super nice like butter would not melt in your mouth

I'm not sure that I understand what you're suggesting. Please explain. 



99 said:

near the end of you suspension put in a sick note

or seek union advice to put in a sick note

in addition to what ever your entitled too

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