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Friday, January 6, 2023

Teachers Accused of Paying For Vax Cards, Not Getting the Shot, Win Their Lawsuit Against the NYC Department of Education


 

The post below is re-printed from my company website, Advocatz.com:


EXCLUSIVE: Teachers Accused of Paying For Fake COVID Vaccination Cards Are Vindicated, Return To Their Jobs and Get Backpay
by Betsy Combier, Advocatz, January 5, 2023


We won!

Decision and ORDER by Judge Abadi in Kambouris et al. v New York City Department of Education, David Banks, Chancellor, and David Weisberg, Deputy Chancellor  (Index No. 518863/2022)

Today, the 30 teachers who were cruelly removed from salary and put on a leave without pay on April 25, 2022, were all given back their jobs, backpay and benefits by Kings County Judge Gina Abadi. I am proud to say that I put the case together and asked Attorney Chad Laveglia for his help. The teachers had asked the UFT General Counsel Beth Norton for help, but she insisted that everyone had to wait until Arbitrator Martin Scheinman made a decision on what should happen to the teachers.

We did not wait for Martin Scheinman, and went ahead with filing a lawsuit independently of the UFT. I’m glad we did, because the UFT case did not win the backpay: ORDER-Bluth.

There were several administrators who were also accused of buying fake COVID Vaccination Cards, sued the NYC DOE and it seems that no decision has been made for them: Kolker letter+Stipulation. I will send Attorney Dina Kolker the Order we got today in our case.

The UFT relies upon Martin Scheinman to decide all matters, and I don't understand why. In this matter, Mr. Scheinman had no role to play, as the issue of the NYC DOE not complying with Education Law 3020 and 3020-a was always clear. The NYC DOE violated the 14th Amendment and protections given in the Law and the UFT contract, and they had to be held accountable. We did that. Judge Abadi agreed with us. Interestingly, no one at the UFT has emailed or contacted anyone in the case to say how great the news is, what happens next, etc. No one has received any help or support from the UFT. Zip. Nada. Many are very angry, mixed with confusion and questions.

I am posting the Scheinman Award June 27 2022 in which Mr. Scheinman wrote that the NYC DOE had to put everyone back on salary and give them a due process hearing.

From day one, which was April 19, 2022, when the Notice was sent out to about 82 educators that the NYC Department of Education was removing each of them from their salary because they had bought their CDC  vaccination cards at Wild Child in Amityville, N.Y., I never believed it.

Tenure Law – Education Law 3020 and 3020-a – cannot be altered, bargained away, or ignored, and this law mandates that before any NYC DOE employees are removed from salary they must be given a due process hearing pursuant to Education Law 3020 and 3020-a.The NYC DOE made the horrendous mistake of saying that anyone who went to Wild Child was guilty of fraud and never got the shot, but paid for a fake card in order to keep working for the Department after the COVID Mandate was put into place.  Huh?

For twenty years I have been studying the inner workings of the NYC DOE, first as a parent advocate, then as an advocate for anyone of any age. Every day I read the law and look up due process in cases filed in New York State or in the U.S. My conclusion is that the NYC DOE files charges against anyone because they want to, or someone has made a complaint. If there are no facts, the NYC DOE Attorneys will make up the “truth” in order to win the only goal: termination.

But I have never heard of nor been involved with any removal of possibly 90+ employees of the DOE all at once because they were allegedly in the same place in the period between September 2021-March 2022. This absurd charge is the same as if you go to a bank to make a deposit, and suddenly a group of people come in with masks and guns and decide to rob the bank. When the police come you are arrested because you were there, so you must be part of the robber gang. This is nuts.

You can read up on this case below:

New York POST:

NYC teachers accused of filing fake COVID vaccine cards must be returned to their jobs

Teachers Accused of Faking Their COVID Vaccination Deserve Due Process

Court Says “No” To NYC DOE Injunction That Keeps Teachers With Alleged “Fake” Vax Cards Off Salary

UPDATES ON The Alleged “Fake” Vaccination Card Fraud Scheme and 82 Educators Employed By the NYC Department of Education

Kings County Supreme Court Judge Gina Abadi joins Judges Ralph PorzioArlene Bluth, and Lyle Frank in the “Winners of the Award of Judicial Excellence” given to decisions made in Court that provide the victims the justice they requested.

Let us all hope that these Judges keep on this path and remain committed to correcting the mistakes of NYC  government personnel with malicious goals in mind who destroy the lives of others.

A toast to a great New Year!

Betsy Combier, Editor