What are NEA Legal Services?
The National Education Association (NEA) is a union representing a wide array of educational professionals, including teachers, education support professionals, faculty members at colleges and universities, retired educators, and students preparing to become K-12 teachers. One of the many benefits the NEA offers to its members is access to legal services through NEA Legal Services.
NEA Legal Services holds as its essential objective the provision of legal resources and other professional assistance to NEA members. The NEA provides these services through three ways: Traditionally , NEA members have been represented by their respective local affiliate organizations in their employment-related claims. However, where such local affiliates do not have in-house legal representation, NEA Legal Services can represent members within the limits of applicable law where the claim arises in a state or territory where a collective bargaining agreement, or its analogue, exists—unless being so represented would create a conflict of interest with another member’s representation. In all instances, NEA Legal Services represents its members for no fee. Legal services from NEA Legal Services will not continue following the member’s membership termination.
Benefits of NEA Legal Services
The NEA Legal Services program provides a range of benefits and protections for active and retired members facing job-related legal problems, all at no additional cost beyond annual member dues. The legal services provided by NEA Legal Services are broad and all-encompassing.
NEA members across the country benefit from NEA Legal Services in many ways, including:
• Legal advice from an attorney regarding job-related matters. This coverage is for legal advice regarding job related issues; it does not provide for legal representation in disputes against the employing school district.
• Legal advice on contract matters, including disputes over the terms of collective bargaining.
• Legal advice on matters related to the National Labor Relations Act, Fair Labor Standards Act, and Civil Rights in Education Act.
• Help in determining how state and federal laws affect members.
• Help with questions about employment application kits.
• Access to legal auditing information that can be used as a guide when urging local associations to conduct legal audit reviews of their own collective bargaining contracts.
As teachers, we rely on our professional judgment every day. The legal services program ensures that we have access to the legal information and expertise we need to make confident decisions in the service of our students, and that we can consult our colleagues on how to act ethically and professionally without fear of reprisal.
Common Legal Issues NEA Addresses
The NEA Legal Services Program provides legal services to NEA members through utilitarian partnerships with the nation’s most competent lawyers, emphasizing a dispute-resolution process that is far cheaper and faster than traditional litigation. The following is a general (and certainly not all-inclusive) list of the kinds of problems and disputes NEA attorneys can handle:
Employment Disputes
The most frequent problems handled by NEA attorneys concern employment and discipline. For example: employer placed a posting on the school bulletin board indicating it was "incompetent" but telling other employees to call to verify; inquiry into accusations of unethical behavior by member; denial of annual salary increment.
Disciplinary Actions
The second most frequent concerns disciplinary actions taken by the employer. For example: employer placed employee on administrative leave after employee made complaint concerning physical altercation at the workplace; employee was subjected to public reprimand for use of offensive language in school; member reprimanded for tardiness when the member had not been given a parking pass for the staff parking area.
Contracts
NEA membership includes access to legal counsel when individual needs are not met by local legal representation. For example: employer stopped member from entering the building for being 15 minutes late; member’s 243 sick leave days were not reinstated after her FMLA leave was approved; after lying to the member, the employer refuses to pay the employee her salary; employer refuses to reinstate sick leave rights.
Grievances
Members can receive legal advice on grievance procedures. For example: member was refused maternity leave despite providing documentation from physician stating need for leave; employer agreed to negotiated compensation but backed out of agreement; member forced to take class with a colleague who abused her in the past.
Other Employment-Related Issues
NEA membership means you have an advocate fighting to protect you and your rights throughout your career. For example: employer forced member to return to inquiry when employer did not have the right to continue investigating this complaint; member indemnified improperly because employer breached contract; member was indebted for not returning handbook signed by a former teacher; employer must place member on reassignment pending appeal to the State Board of Education.
The NEA does this by organizing local panels of attorneys who know the law and have a commitment to certain groups. For example, labor lawyers, attorneys specializing in wrongful discharge, criminal attorneys who protect civil rights, family law attorneys, and attorneys specializing in landlord-tenant disputes and consumer rights.
The attorneys participating in NEA’s program are ordinary practitioners in the community and have a special interest in representing employees. Their willingness to provide legal services at NEA’s established fee schedule allows us to maintain a continuity of representation which serves the best interest of our members as well as the attorneys.
Accessing NEA Legal Services
NEA members can access legal services by first contacting their local affiliate leadership. Your local affiliate leadership will in turn contact Kevin Brandt, Director of NEA-Legal Services, who will then seek to determine the appropriate means for providing assistance. Typically , Kevin will refer the member to an attorney in their area who has expertise in the relevant field of law. In certain circumstances, Kevin can be of direct assistance to members in the development of documents or contracts. Kevin can be reached, toll-free, at 1-800-247-4692 or via email at [email protected].
NEA Legal Success Stories
NEA Legal Services have successfully assisted hundreds of thousands of members since the service began in 1994. While any one member’s experience may vary, these examples from NEA members illustrate how NEA Legal Services have been able to assist individuals.
"A fellow employee told me to join NEA so I did. Shortly after joining, I had a legal problem and the NEA referred me to a lawyer. The lawyer handled the case beautifully and with excellent results."
"Thank you very much. I appreciate the support you provide. You are a life line for us. Please keep up the good work."
"I would just like to take a moment to say how thankful I am to NEA legal services. I called for the first time ever and was nervous because I had never spoken to an attorney before. I was worried I was not going to be able to afford an attorney and worried because I am currently without a job. I was connected with an attorney near my location and he was absolutely wonderful and understanding of my situation. He told me he would only take a retainer of what I can afford to pay. He even gave me a much cheaper price and was very easy to talk to and friendly. I would highly recommend the NEA legal services for anyone looking for help in a legal matter and I would also recommend this particular attorney for family case matters to any of my fellow peers. Thank you for leading me to this wonderful man."
"The insurance company didn’t pay the hospital, which filed collections next. The attorney called me two weeks later with an acceptance letter from the insurance company and an agreement to hold off collections until the insurance company pays, which they are going to do. I am very satisfied with the service!"
"I was referred to the NEA Legal Services the last time I had a tax issue. They were very quick to respond. In fact, a phone call was returned in hours. Phone contact was courteous. A very helpful attorney gave invaluable advice that was factual and legally correct."
"My concern was regarding an allegation that fell under an anti-bullying statute, I presented the facts to the attorney assigned to my case. She guided me through the process from the beginning of the allegation to when the allegations were recorded within 6 days of reporting it to the NEA Legal Service. From my first call to the NEA to my last call two days ago, I received professional and thorough information so that I could make a decision. Also, my calls were returned promptly."
NEA Legal Services FAQs
What is NEA Legal Services?
NEA Legal Services is part of your membership in the National Education Association. You pay for membership with NEA; becoming a member of NEA Legal Services is just a matter of signing up for it. The service is available for employees of public school districts, including teachers, paraprofessionals and education support professionals. It is legal advice only, not full representation in court. NEA attorneys review your eligibility and make decisions based on several factors that may disqualify you.
Am I eligible?
Eligibility is set by NEA Legal Services. Not all state associations offer it. Proximity to an NEA attorney office is usually a factor as well as the nature of your case and any possible conflicts they may have, considering the other parties involved. To be eligible, your grievance or situation must be covered under the services listed above – employment law, employee discipline, credit and mortgage matters , other legal advice.
How much will my case cost to begin with?
Fees are due up front and range from $50 to $150 in most cases. Fees are by session and vary by state or district. Your fee covers a half hour with an attorney, prorated in quarter-hour increments, with six sessions total. If your case starts out straightforward and then becomes more involved, more time may be needed or the case transformed into a conflict.
Are there cases NEA Legal Services won’t assist me with?
NEA Legal Services does not represent employees in cases against the union local. If you want to sue your local association, you do not qualify. Other cases that are not included are criminal cases, board of education hearings and third-party matters.
Does it compare to some of the options I have for legal representation?
The short answer is yes. A comparison of other services show that NEA Legal Services is an affordable way to get legal advice. However, it is not full legal representation. Treatment as a client by a NEA attorney is superior to those who try to get assistance from non-attorney help desks or online legal aid services.