News & Analysis as of

Tenure Hiring & Firing

Franczek P.C.

2023 Legislative Update: Summary of Changes in School Law

Franczek P.C. on

As we approach the new year, Franczek is pleased to recap the new legislation applicable to K-12 schools that passed in 2023. Below you will find our compilation of this year’s legislative changes. A PDF version of the 2023...more

Franczek P.C.

Teacher Tenure, Dismissal and Evaluation Legislative Updates

Franczek P.C. on

This school year has begun with a number of changes related to teacher tenure, evaluations, and dismissals. On August 4, 2023, Governor Pritzker signed into law Public Act 103-0500, revising the Illinois School Code...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

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Expands Law Against Discrimination to Address Age Discrimination

What You Should Know: •New Jersey’s Law Against Discrimination (NJLAD) has been expanded to address age discrimination against employees •New Jersey government or state employers no longer have the authority to enforce...more

Franczek P.C.

Sexual Harassment Amounts to Immoral Conduct Warranting Dismissal of Tenured Teacher

Franczek P.C. on

In a recent Illinois case, the Second District Appellate Court affirmed a school board’s termination of a tenured teacher who sexually harassed students on the girls’ track team he coached. The students alleged that 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 Community Colleges Cannot Replace Laid Off Tenured Faculty with Adjuncts

Franczek P.C. on

On December 17, 2020, the Illinois Supreme Court ruled that a community college violated the Illinois Public Community College Act when it replaced laid off tenured faculty members  with adjunct faculty. The case addressed...more

Burr & Forman

South Carolina Professor Loses Breach of Employment Contract Case

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A tenured professor at Erskine College in Due West claimed the institution breached its employment contract with him as set forth in the faculty manual. The trial court overruled the jury verdict in the professor’s favor, but...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

Franczek P.C.

Don’t Let Tenure Mistakes Saddle You with Low-Performing Teachers

Franczek P.C. on

With the end of the school year slowly approaching, remember that any recommendations to non-renew a probationary teacher’s employment for the next school year must likely be acted upon at the board’s March or April meeting. ...more

Franczek P.C.

Three Key Takeaways from Decision on Teacher Dismissal for Erratic Behavior

Franczek P.C. on

A recent Illinois State Board of Education hearing officer decision upheld the dismissal of a tenured teacher who engaged in off-topic rants in the classroom, stored pornographic images on a district laptop, and refused to...more

Franczek P.C.

Recent Case Addresses Board of Education Dismissal of Tenured Teacher Over Hearing Officer Finding of No Cause

Franczek P.C. on

In a recent decision, the Appellate Court of Illinois rejected a school board’s decision to terminate a tenured teacher for misconduct despite a hearing officer’s finding that there was insufficient evidence of cause for...more

Polsinelli

OFCCP Issues Technical Assistance Guide for Educational Institutions and Trains its Sights on the Tenure Selection Process

Polsinelli on

Maintaining its recent focus on compliance issues particular to educational institutions, OFCCP published a technical assistance guide for educational institutions on October 11, 2019.  The guide follows a flurry of OFCCP...more

Franczek P.C.

Update: Application of New Tenure Rules Under PERA

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As we discussed in an alert in December, with PERA’s full implementation on September 1, 2016, new tenure rules are in effect in Illinois. ...more

Burr & Forman

Think your evidence is solid? Jury, judge, and appeals court may disagree

Burr & Forman on

We’ve often written about the need to have clearly written policies that, once in place, are followed. If a dispute arises and there is any ambiguity in the policies and how the employer interpreted or used them, juries more...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

McAfee & Taft

Oklahoma transgender employee seeks reinstatement

McAfee & Taft on

In November we alerted employers that an Oklahoma City federal court jury awarded Rachel Tudor, a transgender employee, $1.165 million in her discrimination, retaliation and hostile work environment lawsuit against...more

MoFo Reenforcement

D.C. Circuit Grants En Banc Review on the Constitutionality of the CFPB Leadership Structure

MoFo Reenforcement on

CFPB Director Richard Cordray has a little more job security this week than last week. On February 16, 2017, the U.S. Court of Appeals for the District of Columbia granted the CFPB’s request for an en banc review of its...more

Franczek P.C.

Tenured Teacher Dismissal Upheld for Assisting Students on ISAT

Franczek 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

Pullman & Comley - Labor, Employment and...

Must An Employer Tolerate Truly Obnoxious Employee Speech That Is Not Job-Related?

There is a tenured professor at Florida Atlantic University School of Communications and Multi-Media Studies who has gained notoriety because of his public statements, including a blog, which claim that virtually every mass...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - October 2015

SEC Adopts CEO Pay Ratio Rule - The U.S. Securities and Exchange Commission (SEC) recently adopted a final rule requiring public companies to disclose the ratio of annual pay of their chief executive to median annual pay...more

Pullman & Comley, LLC

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

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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

U.S. Equal Employment Opportunity Commission...

Chapman University to Pay $75,000 to Settle EEOC Race Discrimination Suit

University Fired Black Professor After Being Denied Tenure Due to Race, Federal Agency Charged - SAN DIEGO - Chapman University, a private university in Orange, Calif., will pay $75,000 and furnish other relief to...more

Littler

California Court Rules Teacher Tenure Statutes Unconstitutional

Littler on

On June 10, 2014, the trial court judge in Vergara v. State of California issued a decision striking down as unconstitutional five provisions of the California Education Code regarding public school teacher tenure procedures....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

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