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TJ, Esq.
TJ, Esq., Attorney
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Experience:  Licensed to Practice Law
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If a Board of Education threatens a superintendent assuming

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If a Board of Education threatens a superintendent assuming they have cause, but determines that they did not, is there any recourse for the superintendent? The hope of the superintendent is to eventually mediate this situation.Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

Can you please provide a little more background? What was the threat?
Customer: replied 1 year ago.

Two employees were hired for last 5 months of 2012-2013 school year on leadership salary schedule designated for 2013-2014 that was approved by BOE in Dec. 2012. The schedule was developed and adopted at the request of the board since no previous "leadership" salary schedule existed. Prior to the adopted leadership schedule all positions had been calculated off of the state teacher salary schedule. This had created some inequities of responsibility and salary. For example the Asst Supt earns less than an Assistant Principal because the Asst. Supt. came from the business sector. One position was a replacement for an already budgeted principal who retired and the other was a newly created position due to system needs.

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

I'm still confused. What was the threat? How was the superintendent harmed?

Thank you.
Customer: replied 1 year ago.


probably better to state encouraged to resign

Expert:  TJ, Esq. replied 1 year ago.
Hi again. Thank you for the additional information.

Unfortunately, the superintendent would not have any recourse in this situation. The BOE may certainly request the superintendent to resign at any time and for just about any reason. The request that the superintendent resign is not actionable ... in other words, there is nothing to sue over. Unless there are facts that I am unaware of, this boils down to the superintendent being upset over the threat, though he suffered no actual harm. Unfortunately, a person cannot sue over what could have happened or what may happen ... he can only sue over what has happened, and in this case, nothing has yet happened.

I am truly sorry if this is bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer. I do ask that you rate me based upon whether I answered your question, and not based upon whether the answer was good news or bad news. Your positive feedback is greatly appreciated. Thank you for using our service!

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TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 9697
Experience: Licensed to Practice Law
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