Teachers Hiring & Firing

News & Analysis as of

How to Get an A+ On Your Next Hire

When it comes to filling vacant positions at your school, you not only need to find the best talent available, but you also need to locate faculty and administrators who will thrive in your unique community. In many cases,...more

See You In Court! - December 2016

The last game for the Nutmeg Knights couldn’t come fast enough for veteran Nutmeg Board of Education member Bob Bombast. A defensive tackle on the legendary 1984 team, Bob bleeds Nutmeg persimmon and gold and attends every...more

2016 presidential election dynamics in the workplace: Free speech? ‘You’re fired’

None of us are immune from this year’s presidential election dynamics. Disrespect and name-calling seem more prevalent than policy discussions. The election is highly polarizing, potentially pitting employee against...more

Employers' Legislative Update: Governor Brown Signs New Bills

Tis the season for new laws in California and not all of it brings good tidings and cheer for employers. Recently, Governor Jerry Brown signed several state Assembly and Senate Bills affecting those who employ domestic...more

High school machine shop teacher loses work refusal case

A machine shop teacher’s work refusal was not justified, an appeals tribunal has decided, given that the teacher had the ability to manage the class environment to ensure safety. The teacher refused to teach the class if...more

Bad Teacher Reinstated Because District Did Not Follow Proper Termination Procedures

School Dist. of Philadelphia v. Jones, 139 A.3d 358 (Pa. Commw. Ct. 2016). In order to terminate a teacher, a school district must strictly follow procedural requirements under the Pennsylvania School Code. In Jones, a...more

Teacher Retirement Board Issues Revised Guidelines for the Reemployment of Retired Teachers

On June 29, 2016, the Teacher Retirement Board (“TRB”) issued new guidance concerning the reemployment of retired teachers. One of the new and significant guidelines for post-retirement employment concerned the application of...more

Employment Law - August 2016

Arbitrator or Judge? California Supreme Court Weighs in - Why it matters - Yet again, the California Supreme Court considered arbitration in the context of an employment agreement, this time reflecting on whether a...more

Employment Law Letter - Summer 2016

Last year the General Assembly enacted legislation prohibiting all public and private sector employers from disciplining an employee for “discussing the amount of his or her wages [or] inquiring about the wages of another...more

District Potentially Liable for Hiring Teacher Alleged to Have Inappropriately Touched Students

Poe v. Southeast Delco Sch. Dist., 2015 U.S. Dist. LEXIS 168598 (E.D. Pa. Dec. 16, 2015): Hiring a teacher with past allegations of sexual misconduct toward students made the district and an administrator potentially liable...more

The Pennsylvania Supreme Court Expands Application of Transfer Between Entities Act

Central Westmoreland Career and Technology Center Education Association v. Penn-Trafford School District (Pa. Supreme Court, decided February 16, 2016). The Pennsylvania Supreme Court held that paragraph (b.1) of the...more

See You In Court - June 2016

Given the chronic underfunding of education in Nutmeg by the Board of Finance and its irascible Chairperson, Seymour Dollars, the Nutmeg Board of Education has had to be careful in its spending on discretionary issues,...more

Employment Law Letter - Spring 2016

Will Smoking Pot on the Job Get You Fired? You’d think that would be a slam dunk question, but if you’re a state employee whose union is willing to take your case to an arbitrator, apparently it isn’t. Back in 2012,...more

ISBE Issues Guidance on Teacher Resignations

The Illinois State Board of Education (ISBE) has issued non-regulatory guidance regarding the application of Section 24-14 of the Illinois School Code to teacher resignations. Section 24-14 of the School Code provides...more

ISBE Issues Updated Non-Regulatory Guidance on PERA and Senate Bill 7

The Illinois State Board of Education (ISBE) recently updated its Non-Regulatory Guidance on the Performance Evaluation Reform Act (PERA) and Senate Bill 7 (SB 7). Similar to the 2012 guidance, the updated Non-Regulatory...more

If You Can't Fire A Teacher For Criticizing Management, Who Can You Fire?

Most school administrators would be shocked to learn that the National Labor Relations Board (NLRB) could, in some circumstances, find that their school engaged in an unfair labor practice for disciplining or terminating an...more

NLRB Says Employer Cannot Rescind Contract for Employee Who Wrote Complaining Email to Co-Workers

As previously reported in EmployNews, recent National Labor Relations Board decisions have disrupted established guidelines with regard to employers’ obligations to tolerate uncivil and insulting behavior and comments from...more

Appellate Court Confirms Group 2 Teachers Subject to RIF Have No Recall Rights

Last week, the Illinois Appellate Court’s Second District held that a teacher subject to dismissal based on a reduction in force (RIF) did not have recall rights because she was in RIF Grouping 2, and that the school district...more

Teacher Discipline Pursuant to §3020-a of the New York State Education Law: Significant Changes

Several years ago, there were changes made to §3020-a intended to streamline the process of disciplining a tenured teacher/administrator. Effective July 1, 2015, even more significant changes have been made to the statute...more

Crying Over (Virtual) Spilled Milk: ACLU Sues School District For Firing Employee Who Posted Vegan Beliefs Online

A recent lawsuit out of Ohio brings a local flare to what has otherwise become a relatively common story. We’ve all heard of teachers being disciplined or dismissed for posting something thoughtless online that led to...more

Court Reverses Board Decision Terminating Teacher for Blood Alcohol Test

An Illinois Appellate Court recently overturned the 2012 dismissal of a teacher who was terminated for being under the influence while at work. The opinion provides instructive guidance on how courts closely analyze a school...more

California School Teacher’s Claim That She Was Fired Due to a Computer Error

Rommel v. Los Angeles Unified School District, No. B253405 (December 5, 2014): In a recent unpublished ruling, the California Court of Appeal reversed a trial court’s judgment in favor of a school district and against a...more

Employee investigation tips

Employers investigate all sorts of odd or disturbing claims. Knowing how to properly investigate these claims is critical. A recent case from the Tenth Circuit Court of Appeals put this on full display....more

Illinois Supreme Court Agrees to Decide Do Not Hire Dispute Between Teachers Union and Chicago Board of Education

In the closing days of its November term, the Illinois Supreme Court agreed to decide The Board of Education of the City of Chicago v. The Illinois Educational Labor Relations Board. Board of Education presents the following...more

Connecticut's Tenure Reform In The Wake of Vergara v. State of California

In a 1789 letter, Benjamin Franklin made the now oft-quoted observation that “in this world nothing can be said to be certain, except death and taxes.” For many years, however, that certitude has been equally applicable in...more

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