Judge: NY School Can't Fire Teacher for Heroin Possession

[Jeff]

Holy Hell this guy keeps his Job while being in possession of Heroin, but yet if I smoke a joint 2 weeks ago and stop at a scale and pee in a bottle I will be fired , God forbid two weeks after smoking that joint I have a wreck and someone gets killed , mandatory Manslaughter charges if you fail the drug test after a accident involving loss of life, this country is backwards and getting worse daily.



On Thursday, Manhattan Supreme Court Justice Manuel Mendez ruled (http://blogs.villagevoice.com/runninscared/2013/09/city_cant_fire.php) that a teacher at Williamsburg High School for Architecture and Design in New York, Damian Esteban, could not be fired even though he was found with 20 bags of heroin on him during jury duty in October 2012. Esteban told authorities he used heroin thanks to an ankle injury ; the Department of Education promptly fired him. But Mendez ruled that there was "no evidence that the conduct with which [Esteban] was charged affects his performance as a teacher." Esteban is a self-described "scholar of Islamic Studies," and has his Master’s in Islamic Studies from McGill University.


http://www.breitbart.com/Big-Government/2013/09/22/Judge-NY-school-firing-heroin

[Arbo]

All they have to do is check him at work, if it's in his possession, they can fire him.

[Larrymc]

Holy Hell this guy keeps his Job while being in possession of Heroin, but yet if I smoke a joint 2 weeks ago and stop at a scale and pee in a bottle I will be fired , God forbid two weeks after smoking that joint I have a wreck and someone gets killed , mandatory Manslaughter charges if you fail the drug test after a accident involving loss of life, this country is backwards and getting worse daily.





http://www.breitbart.com/Big-Government/2013/09/22/Judge-NY-school-firing-heroinCouldn't of had anything to do with Islam right?

[Jeff]

All they have to do is check him at work, if it's in his possession, they can fire him.

Sure enough but how in the Heck does he get caught with heroin and keep a job, he admitted to using it , like I said the Government will fire a truck driver for having pot in his/her system no not high on it just having it in there system cost them there job and in case of a wreck with a fatality ( whether the drivers fault or not ) the driver is going to jail. OR how about if they check him at work ( a blood test ) and it is in his system should he be fired ?

[Arbo]

Sure enough but how in the Heck does he get caught with heroin and keep a job, he admitted to using it , like I said the Government will fire a truck driver for having pot in his/her system no not high on it just having it in there system cost them there job and in case of a wreck with a fatality ( whether the drivers fault or not ) the driver is going to jail. OR how about if they check him at work ( a blood test ) and it is in his system should he be fired ?

If he has it at school, where it is forbidden, he should be fired. If he is on it at work, he should be fired. I don't know how long such a thing stays in someone's system, but I am a firm believer that what you do on your off time is not your jobs business.

[Jeff]

If he has it at school, where it is forbidden, he should be fired. If he is on it at work, he should be fired. I don't know how long such a thing stays in someone's system, but I am a firm believer that what you do on your off time is not your jobs business.

Not real sure about Heroin Arbo pot is 38 days coke a couple of days but if the Government regulates anyone found with pot in there system ( could of done it 3 weeks prior ) loses there job ( actually for ICC drivers you lose your CDL for 6 weeks while you go to a school once a week that is expensive as hell ) now in NJ the DOT started a drug test where if you where caught you would get time off and could be tested anytime within the next 12 months and if you failed again then you where fired but you could of avoided all this if you admitted you had a problem and needed help then they got ya help and you kept your job, go figure . I guess you probably have figured it out but I am like you what I do on my time as long as it doesn't effect my job ability when I come on duty it should be none of there business , do you know when I was on the road and had a 10 hour break I wasn't suppose to have not one beer( actually I could within the first 2 hours but the law said no alcohol beverages prior to 8 hours before coming on duty) think about how ridicules that is, a can of beer with dinner at 7 o clock at night isn't going to effect me if I leave out at 1 am but that was the ICC laws

[Arbo]

Not real sure about Heroin Arbo pot is 38 days coke a couple of days but if the Government regulates anyone found with pot in there system ( could of done it 3 weeks prior ) loses there job ( actually for ICC drivers you lose your CDL for 6 weeks while you go to a school once a week that is expensive as hell ) now in NJ the DOT started a drug test where if you where caught you would get time off and could be tested anytime within the next 12 months and if you failed again then you where fired but you could of avoided all this if you admitted you had a problem and needed help then they got ya help and you kept your job, go figure . I guess you probably have figured it out but I am like you what I do on my time as long as it doesn't effect my job ability when I come on duty it should be none of there business , do you know when I was on the road and had a 10 hour break I wasn't suppose to have not one beer( actually I could within the first 2 hours but the law said no alcohol beverages prior to 8 hours before coming on duty) think about how ridicules that is, a can of beer with dinner at 7 o clock at night isn't going to effect me if I leave out at 1 am but that was the ICC laws

Yeah, I disagree with drug testing that doesn't prove you were 'doing it' on the job. If they don't have evidence you are under the influence while on the job, it's none of their business. Of course there comes a point where if it effects your job performance it should be a fireable offense ... but just because it is in your system is meaningless if you are on the ball and doing your job.

[Gaffer]

He's found with 20 some packs of heroin on him. seems to me he should be sitting in jail awaiting trial on possession with intent to sell. I don't think the school firing him is very important at this time.