News & Analysis as of

Teachers Hiring & Firing

“100% Healed From Injury” Policies May Violate the CA Fair Employment and Housing Act

The California Department of Fair Employment and Housing (“DFEH”) recently obtained a settlement on behalf of a custodian for a school district who was fired after an on-the-job injury. As part of the settlement, the...more

CAS Legal Mailbag Question of the Week – March, 2017 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As the days get longer and the weather gets warmer, I am reminded that we are approaching that time of the year – non-renewal season. But I am always afraid that I will be challenged if I recommend...more

Is dismissal for showing an 18-rated film to pupils disability discrimination where an employer does not know the employee's...

by Dentons on

This difficult question arose in City of York Council v. Grosset UKEAT/0015/16. Mr Grosset, a teacher and head of English at a school ran by City of York Council, suffered from cystic fibrosis. He was disabled within the...more

Liquidated Damages: A Tool for Teacher Retention?

by Ruder Ware on

A common struggle for school districts across Wisconsin is how to attract and retain quality teachers and administrative staff. In a post-Act 10 world where districts are free to recruit the best and the brightest from their...more

Tenured Teacher Dismissal Upheld for Assisting Students on ISAT

by Franczek Radelet P.C. on

In one of the first teacher dismissal decisions of 2017, school districts across the state of Illinois scored a victory as an independent hearing officer upheld the dismissal of a tenured teacher for improperly assisting...more

How to Get an A+ On Your Next Hire

by Fisher Phillips on

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

On the Horizon: Laws Going Into Effect in Early 2017

by Payne & Fears on

The California Legislature continues to be very active in passing pro-employee legislation, creating additional compliance burdens and litigation risks for employers. The following summary contains the key new laws employers...more

See You In Court! - December 2016

by Shipman & Goodwin LLP on

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’

by McAfee & Taft on

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

by Lewitt Hackman on

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

by Dentons on

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

by Tucker Arensberg, P.C. on

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

by Shipman & Goodwin LLP on

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

by Shipman & Goodwin LLP on

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

by Tucker Arensberg, P.C. on

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

by Tucker Arensberg, P.C. on

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

by Shipman & Goodwin LLP on

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

by Shipman & Goodwin LLP on

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

by Franczek Radelet P.C. on

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

by Franczek Radelet P.C. on

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?

by Fisher Phillips on

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

by Franczek Radelet P.C. on

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

by Hodgson Russ LLP on

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

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