How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 34111
Experience:  Retired (mostly)
10097515
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I am in xxxx and I understand that

Customer Question

I am in xxxx and I understand that xxxx does not cover public school managers. In what forum would someone pursue a school districts failure to follow Ed code regarding discipline. In this case having discipline of a certificated manager come before the board of education without a written notice to the employee. The employee had agreed to a demotion to a teaching position based on the issues that were to be in the 45 day notice of unprofessional conduct. This was stated in board minutes as decided to be issued to the employee , but was never given. Also is it required to give written notice to put an employee on Administrative Leave or is verbal notice sufficient? After demotion, would the employee need to sign a contract for the next year of teaching?

Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello,

Under Ed. Code 45113(a), the school board of your district is required to adopt rules for disciplinary proceedings related to classified employees, including management. The board may express delegate this process to the PERB (Govt. Code 3540 et seq.) . Otherwise, you would be subject to the school board's local procedures.

If the board completely ignores any procedure, or fails to establish one, then your recourse would be to file a petition for a writ of mandate with the Superior Court in the county where the school board sits, and thereby obtain a court order requiring the board to either do its job or suffer contempt orders for the failure, until they change their mind (which could in an egrigious case, include jail time).

Filing a writ petition is not something that you can "do-it-yourself." You will need a lawyer.

If you need a link to a civil litigation lawyer referral webpage, please let me know and I will be happy to provide.

Hope this helps.
Customer: replied 1 year ago.
Relist: Incomplete answer.
Answer referred to classified employees when I expressly stated that I was asking certificated employee. also the other parts of my question were not addressed. If they were not going to be answered then I should have been told there was no answer or that there could not be multiple related questions within a question submitted. I signed up for the monthly service trial, but I wish to cancel it. Thank you. I also saw no option to cancel the whole inquiry when dissatisfied. So I am typing this here
Expert:  socrateaser replied 1 year ago.

So, just to be clear, you want nothing further to do with me or the website?

If I've made an error in understanding your original question, I'll be happy to rework the answer. But, your comments seem to suggest that you believe you've been intentionally misled. If you're no longer interested in my services or the website, just say the word and I will send you over to customer service for a refund of your deposit.

 

Or, I'll opt out and let someone else try to assist.

Thanks in advance.

Customer: replied 1 year ago.

Hello, I do not at all believe I have been intentionally mislead, I apologize if that is how it came across. Yes, I would like to cancel my subscription. and have a refund.


 


Thank you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    857
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    332
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3511
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.