Improper Discharge of Public School Teacher

There are a number of reasons that a public school teacher might be discharged:

• Poor job performance;
• Disciplinary issues, such as swearing or fighting with a student or with another teacher;
• Violation of professional ethics. This could be an inappropriate relationship with a student, academic dishonesty, discrimination against minority students, etc.;
• Financial reasons, such as budget cuts or the need to downsize;
• Violation of school policies;
• Conviction of a crime;
• Neglect of duty, such as failing to show up for work;
• Fraud or misrepresentation, such as lying on a resume.

Unless their district offers tenure, meaning that a teacher may not be dismissed without just cause, public school teachers are “at will” employees. This means that they may be terminated for any reason at all, so long as they are not being terminated for illegal reasons such as discrimination.

1. What is Tenure?
2. When Can a Teacher Sue a School for Their Improper Discharge?
3. What Are Some Examples of Successful Wrongful Termination Lawsuits?
4. Are There Any Defenses to Such a Lawsuit?
5. Are There Any Avenues for Relief Other Than Filing a Lawsuit?
6. Do I Need an Attorney if I Was Wrongly Terminated as a Public School Teacher?

What is Tenure?

Teacher tenure is a promise or agreement that a teacher will have their job for a specific amount of time. The method for achieving tenure is usually spelled out in the teacher’s employment contract or in the district’s employment manual. Often, it is available after the teacher has worked with the district for a certain number of years.

In many states, by law, a teacher can earn tenure after working for a certain period. The amount of time depends on the state’s tenure statutes.

The tenure system protects public school teachers from losing their jobs. The benefits of achieving tenure include the following:

• Job security: A teacher cannot be fired or dismissed without just or sufficient cause.
• Academic freedom: The teacher is free to discuss controversial or other challenging topics without fear of reprisal.
• Fair evaluation and dismissal processes: These processes might include the right to receive warnings before dismissal or the right to an arbitration proceeding.
  • For the district, offering tenure helps the schools attract and keep qualified teachers.

  If you have questions about your legal rights under tenure laws, contact an employment attorney.

  When Can a Teacher Sue a School for Their Improper Discharge?

  If the teacher does not have tenure, the teacher may be fired for any reason or no reason at all (again, so long as the termination is not based on an illegal factor, such as racial discrimination). The teacher may sue the school if they are discharged for an illegal reason, but otherwise, they have no right to sue the school.

  If the teacher has tenure, they are protected by the Due Process Clause of the Fourteenth Amendment. This clause states that no government may “deprive any person of life, liberty, or property without due process of law.” This clause gives protection to ensure that teachers are treated fairly.

  The teacher’s Fourteenth Amendment rights mean that a school can’t fire a tenured teacher without providing a fair and transparent process. The key elements of this process include adequate notice of the intent to discharge the teacher and the provision of a fair hearing concerning the reason for dismissal.

  If the district violates the Fourteenth Amendment, the teacher may sue the school district.

  Naturally, a teacher may also sue a school district if the district violates the teacher’s employment contract or its own established policies.

  What Are Some Examples of Successful Wrongful Termination Lawsuits?

  Here are some examples of real wrongful termination cases that resulted in award of damages, getting the job back, or both:

  • A teacher in Washington, D.C., sued his district when the principal of the school created a fabricated teacher evaluation alleging poor performance. Among other things, the principal based her decision on claiming to have observed the teacher when she never did so. The court found that the teacher was actually fired for being a whistleblower and a union activist. Interestingly, sometime after winning the underlying lawsuit, the teacher sued again because the principal hadn’t been fired. He won that lawsuit as well.
  • A teachers’ union in California sued the district when 54 “probationary” teachers (teachers who are in their first two years of teaching) were terminated under different rules than those that protect non-probationary teachers.
  • Private school teachers may sue as well. A teacher in a private school was terminated for “failing to maximize enrollment” when she did not enroll a potential student because there were no spots open in the correct age group. She alleged that she was actually fired because she was a whistleblower.
    • She was awarded $1.8 million in damages, representing $600,000 in lost past and future damages, $500,000 to compensate her for the emotional distress she suffered as a result of the termination, and $750,000 in punitive damages. Punitive damages are meant to punish the defendant and are sometimes awarded in order to persuade them not to engage in such conduct again.

    Are There Any Defenses to Such a Lawsuit?

    A school district’s strongest defense to such lawsuits is showing that the teacher engaged in conduct that is not protected by their employment contract or by local tenure laws. Examples might include having a sexual relationship with a student, use of illegal substances while teaching, or conviction of a crime.

    Are There Any Avenues for Relief Other Than Filing a Lawsuit?

    It is often necessary to report an unlawful termination to the proper authorities.

    The identity of the proper authority will depend on the nature of the matter. For example, cases involving discrimination should be reported to the Equal Employment Opportunity Commission (EEOC). The EEOC handles matters specifically involving discrimination issues.

    If the matter instead involves health or safety conditions at the teacher’s workplace, they will file their claim with the Occupational Safety and Health Administration (OSHA), which handles these types of issues.

    For issues that are handled by government authorities, it is typically necessary to file a claim with a governmental agency prior to being permitted to file a lawsuit in court.

    Do I Need an Attorney if I Was Wrongly Terminated as a Public School Teacher?

    Taking action against your school district for wrongful termination can be complicated.

    First, as mentioned above, you may be required to file a complaint with a government agency before you will be allowed to take any private action. Your lawyer can tell you if this is necessary in your case, and can assist you in preparing a strong claim and filing the proper supporting documents.

    Second, there may be an arbitration hearing. Here, the parties meet with a knowledgeable arbitrator who listens to witnesses and takes evidence, just as in a trial. The difference is that the arbitrator, not a judge or jury, makes the final decision. Just as you wouldn’t want to go to trial without a lawyer, you should not engage in arbitration without the assistance of counsel.

    If the arbitration decision goes against you or if there is no arbitration, filing a wrongful termination lawsuit may be necessary. It is highly recommended that you don’t represent yourself in such a complex matter. Instead, seek a lawyer for teacher’s wrongful termination issues, such as a local government lawyer.

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