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Legal Counsel
Legal Counsel, Lawyer
Category: California Employment Law
Satisfied Customers: 103
Experience:  California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
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A school board member for 12 years in the same school district

Customer Question

A school board member for 12 years in the same school district suddenly resigns her post 3 months before the expiration of her term. She is then hired by the same school district within 2 weeks of her resignation as an elementary teacher, passing over other more qualified candidates for the position. The superintendent of schools claims this is perfectly legal. Is there any portion of unfair hiring practice, conflict of interest (based on previous decisions the former board member has made on the school board), or favoritism which are illegal, or could have merit in a lawsuit?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Legal Counsel replied 2 years ago.

Legal Counsel : Hello! I can answer your question. Although it is not illegal for the school district to hire the former superintendent, most teachers in California are members of the teacher's union and if hiring the superintendent does not violate the union contract, it is not illegal or unlawful for her to be hired. But if she is being hired because he has a romntic or sexual relationship with the person who hired her Unless of course it is against the union contract to hire teachers who
Legal Counsel : are tenured below other teachers. If the superintendent of schools hired the teacher because there is a romantic or sexually intimate relationship between the superintendent and the teacher, the other teachers are being discriminated against because she was not hired for her qualifications but because of her sexual relationship with the superintendent of schools. Based on what you said in your question, a " conflict of interest" per se is not an unlawful employment practice. So unless one of the factors I discussed above is present, the hiring would not be unlawful. But if any of the factors above do exist, the hiring would be unlawful.
Legal Counsel : I hope I have answered your question and given you information that helps you know the answer to your question. If you believe I have answered your question, please " Accept" my answer and rate my service. It is important that I provide you with excellent service. Thank you for allowing me to answer your question.
Customer:

It would be a "former board member," not a former "superintendent," as you noted 2x in the first paragraph. I'm not sure you have a complete understanding of the issue.

Legal Counsel : Hello. I'm so sorry for the misunderstanding. Yes, i understood she was a former board member, and it was a typograhical error to say she was a superintendent. I sincerely XXXXX XXXXX that. But, from what you said it appeared she was hired by the superintendent of school to be a teacher over other teachers, because the superintendent said her hiring as a teacher was proper.
Legal Counsel : Also, as to the " conflict" of interest I was discussing her decisions on the board. The legal principles that apply are the same whether she wa a board member or a superintendent. A " conflict of interest" is not an unlawful reason to hire someone. Her decisions on the board do not prevent her from being hired as a teacher. What is unlawful is if she was hired because she has a romantic relationship with the person who hired her ( whom I assumed was the superintendent because he is the one who said it was okay to hire her. ) In that regard, I was addressing your question about favoritism. Favoritism is not unlawful, unless it's related to some sort of " sexual" relationship. It would then be unlawful. Yes, I do undderstand the legal principles involved. I was trying to give you all possible reasons why her hiring might be unlawful. Also, in California, most teachers are members of the teachers union. Thus, if you wanted to bring a lawsuit, the union would have to be contacted first. Under union contracts, an employee who is a member of a union has to do what is called " exhaust other remedies" That is, you must file a grievance with the teacher's union before filing a lawsuit. Under the union contract, the union must handle employment grievances. If you beleive her hiring was in violation of the " collective bargaining agreement" ( the "union" agreement), don't hesitate to bring the grievance to the union representative. They will know best whether there is a requirement that other tenured teachers must be hired first. "Tenure" doesn't always depend on qualifications but the union representative will know for sure.
Legal Counsel : I sincerely XXXXX XXXXX will reconsider and retract the "poor service" rating. I have a 100% satisfaction rating and it hurts to know you thought I gave you poor service because of a typographical error and a simple misunderstanding. Please know that the same legal principles apply to your question. Even as a practicing attorney, I have never had an unsatisfied client. Thank you for your understanding and reconsideration. I greatly appreciate it.
Customer:

ok - thank you.

Legal Counsel, Lawyer
Satisfied Customers: 103
Experience: California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
Legal Counsel and other California Employment Law Specialists are ready to help you
Expert:  Legal Counsel replied 2 years ago.
Please know how much your reconsideration and understanding is appreciated. I want to be sure I provide excellent service and you have helped me to assure I will continue to do so. Thank you!

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