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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50298
Experience:  Licensed attorney helping employers and employees.
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I am a public school administrator and my district and my fellow

Resolved Question:

I am a public school administrator and my district and my fellow administrators have a collective bargaining agreement in place. Even though considered at-will, do I have any rights as to what process the district must use to release me from my assignment? So far, they have noticed me on march 15, and the board approved the final notification last night. There was no evaluation process, no attempt at providing me with the specific reasons or evidence of poor performance. A board member just told one of my site employees that there were "allegations". None of which I have been apprised of for rebuttal. This is my ninth year as a principal in this district. What are my options to challenge this decision to remove me from this position?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.

INFOLAWYER :

Hello and thank you for the question. I am sorry to read of this dilemma.

INFOLAWYER :

From what you mentioned they would be in breach of the agreement

INFOLAWYER :

which is an exception to the employment at will doctrine

INFOLAWYER :

The agreement should provide for adminstrative review and appeal process

INFOLAWYER :

You want to pursue it and put them on notice of your intent to do so

INFOLAWYER :

Practically it often helps having local counsel engage in discussions

INFOLAWYER :

which can avoid need for prolonged litigation

INFOLAWYER :

That can lead to either a settlement or reconsideration of the decision

INFOLAWYER :

Let me know if I can clarify anything

Customer:

Who would I notice of my intent to do so?

INFOLAWYER :

Notice should go to the board. If represented by counsel, then to its counsel.

INFOLAWYER :

the notice you received would have that information if in writing

INFOLAWYER :

If needed, legal action in state court can enjoin termination where the agreement has been breached

INFOLAWYER :

but best to pursue less agressive options initially

Customer:

I haven't received the notice, they just voted on it last night.

INFOLAWYER :

I would await the notice

INFOLAWYER :

but you may want to obtain the agreement

INFOLAWYER :

if you do not have it

INFOLAWYER :

so you can review and line up specific agreement violations

INFOLAWYER :

to then include in a responsive letter preferably by counsel

Customer:

What agreement?

INFOLAWYER :

collective bargaining and any other employment agreement you have signed

INFOLAWYER :

which would take you outside the employment at will doctrine

INFOLAWYER :

Is the answer clear? can I clarify anything else?

Customer:

Yes. Can I appeal the decision to the board, with the breach of contract identified, or does it have to be with a court order?

INFOLAWYER :

With the board initially, and court being a second option

INFOLAWYER :

and typically legal counsel would engage in discussions and negotiations

INFOLAWYER :

to try to reduce time delay and costs

Customer:

Do I need to file a complaint with the fair employment department now?

INFOLAWYER :

I would wait for the notice

INFOLAWYER :

then do so.

INFOLAWYER :

and if retaining counsel, preferably by counsel.

INFOLAWYER :

which gives your complaint more leverage

Customer:

What would the categorical complaint be? Is it covered under discrimination, or what?

INFOLAWYER :

wishing you best of luck

INFOLAWYER :

No

INFOLAWYER :

From what you mentioned it would be a contract breach

Customer:

Why would I file with them then?

INFOLAWYER :

You would only if there was a discriminatory act, such as disability, race, age or gender. Otherwise, proceed with the board and court respectively

Customer:

This would be a civil action in a state court, under what category?

INFOLAWYER :

Breach of contract

INFOLAWYER :

would be the designation

INFOLAWYER :

but the agreements need to be reviewed

INFOLAWYER :

so you can obtain the further legal theories that may be added on.

INFOLAWYER :

typically such claims will settle though

INFOLAWYER :

often without lawsuit

Customer:

Does the collective bargaining agreement really matter?

Customer:

Is it just leverage, but not really enforceable?

INFOLAWYER :

It typically will include protections and representations that guard against termination/transfer at will

INFOLAWYER :

It needs to be looked at specifically

INFOLAWYER :

to make a determination of whether it is supportive, binding, etc.

Customer:

Can I print this question and answer out? and how.

INFOLAWYER :

You can copy and paste, you can log on here and review,

INFOLAWYER :

I trust the answer is clear, fast and acceptable.
Please click on a positive rating for the answer.
Leaving a bonus is always appreciated.

INFOLAWYER :

I wish you the best of luck and a quick resolution

INFOLAWYER :

If I can clarify anything, of course, ask me

Customer:

How do I get back to this specific exchange. How does this save & exit work?

INFOLAWYER :

When you log back on, it should prompt you back to your questions

INFOLAWYER :

you can also get me back by asking FOR infolawyer, and I can find it

INFOLAWYER :

customer service can also help if any problems

INFOLAWYER : XXX@XXXXXX.XXX
INFOLAWYER :

I would copy and paste it for yourself

INFOLAWYER :

its easiest

INFOLAWYER :

save it in a word or e-mail document for easy reference

Customer:

Thank you

INFOLAWYER :

very welcome!

INFOLAWYER :

when you have a moment, kindly click on a positive rating - that is how I get credit for the answer.

Customer:

trying to save it

INFOLAWYER :

I dont think there is a saving option, you can log back and check, or can copy and paste by highlighting

INFOLAWYER :

either of those work

INFOLAWYER :

the discussion will remain on the site so you can look it over

INFOLAWYER :

and also come back and ask other questions

INFOLAWYER :

Sounds good?

Customer:

I hope I can get bac to it as needed.

INFOLAWYER :

Definitely

INFOLAWYER :

You will not have a problem

INFOLAWYER :

and if you do, customer service will connect you to it

INFOLAWYER :

as can I if you post a question for infolawyer.

INFOLAWYER :

You could also copy and paste the webpage link above and it should load

INFOLAWYER :

customer return to us hours, days, and even years later

INFOLAWYER :

No need to worry.

Customer:

I trust you

Customer:

thanks again

INFOLAWYER :

very welcome. have a good one.

Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50298
Experience: Licensed attorney helping employers and employees.
Infolawyer and 2 other Employment Law Specialists are ready to help you

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