Can I sue my previous employer?

Im an educator. Preschools in NYC are
operated under the guidelines of the Dept. of
Health and someone with a valid teaching
certification has to be employed at the school in
order for the site to stay permitted. I left that job
3 months ago and I was recently informed that
they are still using my credentials to stay in
operation. What can I do?

Asked on October 12, 2019 under Business Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

1) While you can in theory sue, in a lawsuit, you can only recover compensation for losses or harm you can prove you suffered or for some provable value or benefit of which you were deprived. Therefore, it may well be that suing will not get you anything (though you can stop them from doing this; see below) unless there is some loss you suffered, or objective and recognized monetary value you put on this and demonstrate in court.
2) In addition to monetary compensation (which, as discussed, may be limited in this case), you can also sue for a court order ("injunction") barring someone from doing something they are not permitted to do. So you do have the option of trying to prevent or stop this.
3) You can contact the NYS agency or board which licenses pre-schools (the Board of HEalth) and inform them of the fact that they not using the credentials of someone employed with them; the agency may then take actions to stop them.


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