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Question for lawyers.................

  • If a teacher told a class of 3rd graders that Santa does not exist and he/she was fired for it and it went to courts what would be the end result???????????

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    Riemenschnieder

  • I would guess that Santa could kill him and not be charged since the teacher said he doesn't exist. It's a Christmas miracle!

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    RCMB Join Date: September 2001

    Pinky Tuscadero

  • Riemenschnieder said...

    If a teacher told a class of 3rd graders that Santa does not exist and he/she was fired for it and it went to courts what would be the end result???????????

    I would assume her union would stand by her, and get her job back.

    Interesting case. Not sure what the cause for termination would be. Must be something in their contract about teaching something outside of the curriculum.

    Remedy is easy. Salary x's amount of years likely to be off work. Then add 30%

    VanWilder

  • If the teacher out of nowhere was just like "YOU KNOW WHAT? THERE IS NO SANTA CLAUS! THAT OVER THERE IS JUST A GUY IN A SUIT!" then I'd probably raise an eyebrow over the person's overall personality, but otherwise...I mean, it is true after all that magic elves don't exist and don't bring you presents every year. In what grade is it acceptable to talk about Santa not existing? Fifth grade? Eleventh grade? Never?

    ARW Lasers20025

  • The parent's that complained would hopefully fall in a pit of spears..

    This post was edited by AustrianSpartan on 12/15/2011 at 11:01 AM

    These are my principles. If you don't like them, I have others.

    AustrianSpartan

  • AustrianSpartan said...

    The parent's that complained would hopefully fall in a pit of spears..

    Austrian huh? Well, let's throw another shrimp on the barbie!?!

    Jools Holland

  • You can fire teachers ??!!

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    SeeGreen

  • The teacher obviously lied to her students. Morals clause in contract?

    Philly Spartan

  • Any teacher that would do that is a ****head. I wouldn't fire them, but I would make sure that every parent has his cell number and make him explain to each parent why he did such a mean thing.

    Izzo Court

  • First grader came home from school last week and said "Sydney says there's no tooth fairy."

    (We're Jewish) I look at my wife and say, "Wait until Sydney learns there's no Santa Claus."

    Don't think -- it can only hurt the ballclub

    LA_Spartan

  • Someone would be put on the naughty list and get coal in their stocking.

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    419Spartan08

  • goodbar said...

    "magic elves don't exist and don't bring you presents every year." lollocolol whatever dude.

    If a poster told a message board that Santa does not exist and he/she was banned for it, what would be the end result?????????????

    ARW Lasers20025

  • Unless there is a contract protecting her for this behavior, she can be fired. An employer can fire an employee for any time for any reason, other than the protected categories of race, religion, gender, and so on. Telling students that Santa Claus does not exist is not a protected category.

    lock

    Edit for disclaimer: red_barnstormer is not a lawyer, and is not providing nor intending to provide legal advice. Nothing in this post should be construed as legal advice.

    This post was edited by red_barnstormer on 12/15/2011 at 11:49 AM

    red_barnstormer

  • A.R.W. Lasers said...

    If the teacher out of nowhere was just like "YOU KNOW WHAT? THERE IS NO SANTA CLAUS! THAT OVER THERE IS JUST A GUY IN A SUIT!" then I'd probably raise an eyebrow over the person's overall personality, but otherwise...I mean, it is true after all that magic elves don't exist and don't bring you presents every year. In what grade is it acceptable to talk about Santa not existing? Fifth grade? Eleventh grade? Never?

    True or not, it's not the teacher's place to tell the students that any more than it is to tell a kid if he's adopted or something.

    MiamiSpartan

  • red_barnstormer said...

    Unless there is a contract protecting her for this behavior, she can be fired. An employer can fire an employee for any time for any reason, other than the protected categories of race, religion, gender, and so on. Telling students that Santa Claus does not exist is not a protected category.

    lock

    Edit for disclaimer: red_barnstormer is not a lawyer, and is not providing nor intending to provide legal advice. Nothing in this post should be construed as legal advice.

    A public school teacher has a contract.

    I'm assuming the OP is wondering whether telling children there is no Santa Clause would be religious discrimination.

    Don't think -- it can only hurt the ballclub

    LA_Spartan

  • Just arguing with a guy at work and wanted some others input. It allegedly happened in my town yesterday................................

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    Riemenschnieder

  • Is your town in Michigan? I'd take that case.

    VanWilder

  • red_barnstormer said...

    Unless there is a contract protecting her for this behavior, she can be fired. An employer can fire an employee for any time for any reason, other than the protected categories of race, religion, gender, and so on. Telling students that Santa Claus does not exist is not a protected category.

    lock

    Edit for disclaimer: red_barnstormer is not a lawyer, and is not providing nor intending to provide legal advice. Nothing in this post should be construed as legal advice.

    Nice try. -5 pts. Id cut and paste that quote from Billy Madison, but its a bitch from mobile.

    VanWilder

  • My daughter is almost 5 and we have told her from the beginning that the red man in a suit does not bring her presents...Mommy and Daddy do. And she's been completely cool about it. She knows it's the family secret and that it is not her place to tell anyone (even other family members) that Santa does not come to our house. So far, so good...but I'm guessing it will slip at some point.

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    Formally Brian T.

    Bobs Your Uncle

  • Don't know if she would get her job back or not, but I hope the court finds that the teacher is an asshole.

    vator88

  • Bobs Your Uncle said...

    My daughter is almost 5 and we have told her from the beginning that the red man in a suit does not bring her presents...Mommy and Daddy do. And she's been completely cool about it. She knows it's the family secret and that it is not her place to tell anyone (even other family members) that Santa does not come to our house. So far, so good...but I'm guessing it will slip at some point.

    Is your daughter the girl from "Miracle on 34th Street"?

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    Giant Moose

  • Giant Moose said...

    Is your daughter the girl from "Miracle on 34th Street"?

    I hope that at least they aren't telling her that she's going to die in a mysterious boating accident.

    Jools Holland

  • Giant Moose said...

    Is your daughter the girl from "Miracle on 34th Street"?

    No. We read her fairy tales, she is great at make believe, and she loves movies with Santa. We have simply never lied to her about anything and have chosen not to lie to her about this. Plus we want the credit for the gifts.

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    Formally Brian T.

    Bobs Your Uncle

  • red_barnstormer said...

    Unless there is a contract protecting her for this behavior, she can be fired. An employer can fire an employee for any time for any reason, other than the protected categories of race, religion, gender, and so on. Telling students that Santa Claus does not exist is not a protected category.

    lock

    Edit for disclaimer: red_barnstormer is not a lawyer, and is not providing nor intending to provide legal advice. Nothing in this post should be construed as legal advice.

    Public school teachers have a contract. Also, it could be construed as religious behavior. Without knowing what the contract says, it would be difficult to know what she would be entitled to or if it was violated. I would assume she has a union. She should talk with that representative. She's paid them afterall.

    "People don't care how much you know until they know how much you care." - Mark Dantonio.

    JMSparty08

  • VanWilder said...

    Is your town in Michigan? I'd take that case.

    yeah it is in michigan.........I don't know the teacher personally. I heard that it happened yesterday and that the fallout from it is happening today. Have heard that the local news station is on the scene so I am sure it will get out.

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    Riemenschnieder