News & Analysis as of

Teachers Termination

Constangy, Brooks, Smith & Prophete, LLP

Va. Supreme Court lets teacher's "pronoun" lawsuit go forward

The teacher had a religious objection. The Virginia Supreme Court yesterday found in favor of a West Point public school teacher whose employment was terminated because he would not address a transgender student by the...more

Pullman & Comley - School Law

To Non-Renew or Not Non-Renew -- Key Considerations for Connecticut School Districts Facing Budget Shortfalls

Every year as May 1 approaches, Connecticut school districts are confronted with an unpleasant, albeit familiar, process.  For better or worse, teacher non-renewal is a fact of life under the Teacher Tenure Act and the...more

Franczek P.C.

Teacher Dismissal Upheld for Conduct Not Directly Related to Previous Notice to Remedy

Franczek P.C. on

For school personnel administrators, it is a frustrating but typical experience to have a teachers’ union representative object to warnings and directives on the grounds that the warning is too broad, or not directly on point...more

Franczek P.C.

Illinois Appellate Court: Teacher’s Repeated Cheating Is Irremediable Cause for Dismissal

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The Illinois Appellate Court recently affirmed the dismissal of a tenured fifth-grade teacher accused of intentionally breaking the seals on standardized test booklets to help students cheat on the test....more

Tucker Arensberg, P.C.

Commonwealth Court Grants Over Four Years of Additional Back Pay to A Teacher, Overturning Pennsylvania Secretary of Education on...

Tucker Arensberg, P.C. on

Vladimirsky v. School Dist. of Phila., 206 A. 3d 1224 (Pa. Commw. Ct. 2019).  The Pennsylvania Commonwealth Court overturned a finding of the Pennsylvania Department of Education that teacher did not exercise reasonable due...more

Tucker Arensberg, P.C.

Reasonable Suspicion Justifies Drug Testing Of Teacher

Tucker Arensberg, P.C. on

Metz v. Bethlehem Area School District, 630 C.D. 2017 (Pa. Cmwlth. Jan. 4, 2018) (The Pennsylvania Commonwealth Court upheld the termination of a tenured middle school teacher, concluding that the school district had...more

Fisher Phillips

Can A University Terminate For Tenured Teacher’s Twitter Tweaks?

Fisher Phillips on

A series of Twitter posts from a tenured Fresno State English professor about former First Lady Barbara Bush has once again sparked a national conversation about how the First Amendment applies in the university setting, and...more

Parker Poe Adams & Bernstein LLP

Religious School Does Not Have to Restrict Hiring By Faith to Claim Ministerial Exemption

In its 2012 Hosanna-Tabor decision, the U.S. Supreme Court recognized a “ministerial exemption” to employment claims brought under Title VII and the ADA. The exception allows religious employers to make what otherwise would...more

Parker Poe Adams & Bernstein LLP

Shielding Teacher From Unruly Students Not ADA Reasonable Accommodation

Sometimes employers face requests for reasonable accommodation that do not cost much, but which would materially interfere with the employee’s ability to get their work done. Under the Americans with Disabilities Act (ADA),...more

Parker Poe Adams & Bernstein LLP

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

Franczek P.C.

Court Reverses Board Decision Terminating Teacher for Blood Alcohol Test

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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

McAfee & Taft

Employee investigation tips

McAfee & Taft on

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

JD Supra Perspectives

Impact of the 'Students First' Decision on Non-Teacher Employees of School Districts

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Judge Rolf Treu’s decision in the Students First case is effectively an indictment of the termination process of all California public school employees, not just teachers....more

Franczek P.C.

California Court Finds Teacher Tenure, Layoff, and Dismissal Laws Unconstitutional

Franczek P.C. on

School leaders across the country are buzzing about a California Superior Court’s recent tentative ruling that the state’s teacher tenure, dismissal, and layoff laws violate the equal protection clause of the California...more

Pullman & Comley, LLC

Appellate Court: Tenured Teachers May be Terminated for “Disability” Without Violating CFEPA

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The Connecticut Appellate Court yesterday released two notable employment law decisions. They won’t become “official” until April 30, 2013, so you have some time to digest them. I’ll cover one today and leave the other for a...more

Franczek P.C.

District Court Finds First Amendment Does Not Protect Former Guidance Counselor’s Sexually-Explicit Book

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The Northern District Court of Illinois found that Rich Township High School District 227 did not violate the free speech rights of former guidance counselor and girls’ basketball coach Bryan Craig when it dismissed him based...more

Ervin Cohen & Jessup LLP

Christian School Files Lawsuit Against Former Teachers

The Little Oaks Private School, a Christian school based in Thousand Oaks, California, recently filed a lawsuit against two of its former teachers after they threatened a lawsuit. The teachers were fired last August when they...more

Franczek P.C.

New Jersey District Dismisses Teacher Who Called Students “Future Criminals” On Facebook

Franczek P.C. on

Earlier this month, a New Jersey appellate court affirmed the dismissal of a tenured teacher for comments she made about her students on Facebook. Good summaries of the case, In re O’Brien, can be found through the National...more

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