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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33376
Experience:  Retired (mostly)
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When an instructor at a California State University is evaluated

Customer Question

When an instructor at a California State University is evaluated using arbitrary standards, what laws (case #XXXXX etc) are available to protect the teacher from being fired for "poor" classroom performances?

 

Does arbitrary standards for evaluations to keep employment violate California's definition of fair practice and good faith and fair dealing?

Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.
Hello,

The concept of a breach of covenant of good faith and fair dealing is entirely inapplicable to your question. Administrative mandamus is the exclusive remedy for UC instructors in seeking judicial review of employer determinations re teaching performance. See Pomona College v. Superior Court, 45 Cal. App. 4th 1716 (Cal. App. 2d Dist. 1996).

Hope this helps.

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socrateaser, Lawyer
Satisfied Customers: 33376
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
Hello Socrateaser:

I am off to the Legal Library to study the case you sent. What is the California legal meaning of the term "fair practice"?
Expert:  socrateaser replied 3 years ago.
In my opinion, the term "fair practice" has no standard meaning applicable to employment law. If you have some case or statute that uses the term in context, please provide a citation to that authority, so I can synchronize my understanding with yours.
socrateaser, Lawyer
Satisfied Customers: 33376
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Hello Socrateaser:

From your response, I have the impression that I did not clearly communicate my question. I did read the case document you recommended (Pomona College v. Superior Court, 45 Cal. App. 4th 1716 (Cal. App. 2d Dist. 1996) and concluded that this is an issue of proper steps for evaluations and retaining employment. In my case, I can correct the process at the last step, i.e., arbitration. However, arbitration has a 2 year wait. I want to push the issue that an arbitrary or capricious step within a process must be corrected within the contract; I can do that by grieving that a step or steps are arbitrary and take that to arbitration. So, I need California Case Law or statutes to build my argument.

Thank you

Sabra

Expert:  socrateaser replied 2 years ago.
Thanks for your new question. I regret that I have nothing further to contribute to this issue. I shall opt out and allow others to weigh in.

Best of luck.



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