Issue link: http://digital.copcomm.com/i/479293
SPRING 2015 | wyoea.org 9 The Battle You Don't See by the Hacker Law Firm A common reaction attorneys hear from members being helped is that the members are shocked they have a legal issue, and they didn't really understand the quality legal support WEA provides. Members consistently say they could not have defended themselves without WEA. From time to time, the WEA News is able to report about cases where information is public, but generally who is getting help and the specifics are legally confidential. Many great results are never known. Attorneys assisting members are bound by confidentiality; administrative law proceedings require confidentiality, and settlement agreements often have confidentiality clauses preventing any disclosure. Thus, WEA is continuously fighting legal battles other members can't see. WEA attorneys almost daily deal with legal issues of members. Attorneys provide legal advice to help UniServ Directors head off conflicts and advise on school and college policy issues. WEA attorneys also typically have more than 30 ongoing contested matters cases. Over the years the WEA attorneys have provided legal assistance to far over 2,000 individual WEA members, as well as representing groups of employees collectively. Bad things happen to good people in employment just as in other aspects of life. Doing a good job and being innocent of wrongdoing does not insulate employees from unfounded accusations or unfair treatment. The following are examples of situations that arise where WEA has been successful in helping its members: Students or parents unhappy because a child has been disciplined or received a low grade, make false allegations including accusations of physical or emotional abuse. Those accusations may go to administration, law enforcement, the Department of Family Services, or the PTSB. Evaluations not done, done improperly, or policies violated, but administrators still propose termination. Members often have no idea there was even a problem, and never had a chance to address it. The opposite also occurs where there is a personal or political agenda and it is apparent administrators are manufacturing excuses to terminate an employee. A member suffers an injury or illness, causing the member to miss work, need an extended leave, or need an accommodation to be able to keep working. These matters are legally complex and involve the federal Family and Medical Leave Act and/or the Americans with Disabilities Act, all of which are confidential proceedings. Older employees are being pressured to retire, or being treated differently than younger workers, even though the older employees are still able to perform the job. These situations become cases under the federal Age Discrimination in Employment Act. Members are being harassed by students or parents. We have had a sharp increase in situations of student assault on employees, vandalism of employee property, sexual harassment by students, and similar issues regarding the safety of employees. Failure by districts to follow policy, denial of benefits, salary placement issues, unsafe working conditions, contract disputes and similar issues. Those may involve individual cases or may be items undertaken by the local where legal assistance is needed. The WEA attorneys don't have a legal magic wand to cure every injustice. But WEA does provide legal services where legal rights and tools exist. Most of the time you won't hear about it, but across Wyoming, members are being helped and protected every day.