BEVERLY HILLS EDUCATION ASSOCIATION
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STEP-BY-STEP PROCEDURE TO PROTECT YOUR RIGHTS DURING THE LAYOFF PROCESS
 revised 03/25/2010

  • If BHUSD attempts to lay you off, then here is what BHEA recommends to you to safeguard your rights:  Be deliberate.  Give this procedure top priority.  BHEA strongly recommends that you participate in the process outlined below.  Following this procedure does not guarantee that you'll be successful at keeping your job, but it is the best means available to you to hold BHUSD accountable to adhering to state law during the layoff process.  If BHUSD does not follow the law, BHEA may be able to save your job.  You do not have to participate in the procedure below, but please understand that by not participating your rights to contest your layoff may be severely diminished or eliminated entirely.

    List of all FORMS and MAILINGS you need to deal with:

    • What To Expect during the layoff process.  Contains information to help you understand the process.
    • Important Instructions.  Contains information on filing two very important forms with the district.
    • Request for Hearing.  See Step #4 below.
    • Notice of Defense.  See Step #8 below.
    • CTA RIF Data Form.  Make two copies.  Keep one copy for yourself.  Send the other copy to CTA attorney Deborah Eshaghian at the following address:  ATTN:  Deborah Eshaghian, 1880 Century Park East, Suite 1104, Los Angeles  CA  90067.  Deborah's office phone number is 310-552-0500 if you'd like to verify receipt of the material you send her.
    • Consent to Legal Representation.  Make two copies.  Keep one copy for yourself.  Send the other copy to CTA attorney Deborah Eshaghian at the address listed above.
    • Send a copy of the actual layoff notice you received to CTA attorney Deborah Eshaghian at the address listed above.  Keep a copy for yourself, too.

     

  • Step-by-Step PROCEDURE:
    1. Register any and all credential information with the district no later than March 15, 2010.  Also, verify that all information included on the district's official seniority list is accurate.  If you spot any inaccuracies, you must inform the district and send in your corrections no later than March 15, 2010.
    2. Read the memo titled "WHAT TO EXPECT" during the layoff process by clicking on the underlined text.
    3. You have received a notice from BHUSD that it intends to lay you off.  Read the CTA letter titled "IMPORTANT INSTRUCTIONS FOR TEACHERS SERVED WITH RIF (LAYOFF) NOTICES" by clicking on the underlined text.
    4. Immediately print out and file the REQUEST FOR HEARING form by clicking on the underlined text.  You have only SEVEN (7) CALENDAR DAYS to file this request.  BHEA highly recommends that you hand deliver your request to the BHUSD Human Resources Department located at 255 South Lasky Drive, Beverly Hills  CA  90212 no later than March 15, 2010.  Request a receipt from the Human Resources Department to verify your delivery.  Otherwise, BHEA recommends that you send this form to the aforementioned address via registered mail NO LATER THAN March 15.  If you delay in filing this form, you will waive your rights to a hearing.
    5. Print out and complete two forms:  1) "CALIFORNIA TEACHERS ASSOCIATION RIF DATA FORM" and 2) "CONSENT TO LEGAL REPRESENTATION BY AN ATTORNEY" by clicking on the underlined text.  CTA attorneys will need this information to properly act on your behalf at the layoff hearing.  Do NOT return these forms to the district.  You will be sending them to CTA attorney Deborah Eshaghian, whose address appears above.
    6. Send CTA attorney Deborah Eshaghian a copy of the actual layoff notice you received on or about March 8, 2010.  Deborah's address appears above.
    7. Plan to attend a meeting with CTA attorney Deborah Eshaghian and other members who have requested a hearing.  This meeting with the CTA attorney is scheduled to occur on Tuesday, March 23 at 3:30pm in Room 118 at Beverly Hills High School.  This meeting will allow CTA to gain important information to assist your defense during the hearing.
    8. After you file your Request for Hearing form in Step 4 above, you will receive another set of documents from BHUSD that includes a letter with the title Statement to Respondent and Accusation.  Upon receipt of these documents, immediately print out and file the NOTICE OF DEFENSE form by clicking on the underlined text.  You have only FIVE (5) CALENDAR DAYS to file this request.  BHEA highly recommends that you hand deliver your request to the BHUSD Human Resources Department whose address appears in Step 4 above.  Do this AS SOON AS POSSIBLE.  Request a receipt from the Human Resources Department to verify your delivery.  If you receive the Statement to Respondent and Accusation letters in the mail, the five-day window begins on the day that BHUSD puts these letters into the mail, NOT the day you receive them.  If you delay in filing this form, you will waive your rights to a hearing.
    9. The hearing date for all employees who have been served layoff notices in BHUSD is scheduled to begin at 10:00 a.m. on April 7, 2010 at the BHUSD district office, 255 South Lasky Drive, Beverly Hills  CA  90212.
    10. If you will be presenting any printed evidence at the hearing in your defense (awards, testimonials, etc...), then you must bring FIVE copies to the hearing.  One is for the judge, one for the court reporter, one for BHUSD counsel, one for CTA counsel, and one for yourself.
    11. If you have any questions whatsoever, please do not hesitate to contact BHEA.  Above all, do not delay in processing the forms referred to in this procedure.  It is each member's obligation to file these forms according to the timelines referred to above.