Abby Zwerner, a first-grade teacher at Richneck Elementary School in Newport News, Virginia, was shot by her 6-year-old student

The incident occurred when the boy used his mother's legally purchased 9mm handgun

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Zwerner resigned from her teaching position effective June 12 and is no longer working for the school

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Attorney Jeffrey Breit, representing Zwerner, raised concerns about her separation from the school, claiming she was "fired."

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The school district's spokesperson, Michelle Price, stated that Zwerner voluntarily resigned and her last day of employment was June 12

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Zwerner has not received payment from the school since February, according to Breit's claim

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Zwerner filed a $40 million lawsuit against school officials in April, alleging gross negligence for ignoring warnings about the boy's behavior and possession of a gun

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The boy's mother has been indicted on charges of felony child neglect and recklessly leaving a loaded firearm endangering a child

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The boy himself will not face criminal charges due to his age and inability to comprehend the legal system

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The school district's human resources department processed workers' compensation for Zwerner following the shooting, but she refused the compensation

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Zwerner had accepted workers' compensation, she would have received 66 2/3% of her average weekly wages tax-free

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