Considerable attention is often focused on student liability issues, but it is equally crucial to acknowledge the legal responsibilities of schools and educational institutions regarding employee rights. This is particularly pertinent for employees of public K-12 schools and universities, though employees of private and other academic institutions may have contractual rights. At the School Liability Expert Group, we specialize in supporting schools in upholding these standards. Our services encompass teacher termination experts who can provide consultation, reports, and testimony on matters ranging from wrongful termination of school employees to negligent teacher retention. Our court-qualified school employee screening, hiring, and termination experts offer consultations, expert reports, and testimony tailored to each case. To discuss your matter with one of our experts, schedule a complimentary call today to ensure your institution remains compliant and protected.
What Rights Do School Employees Have?
The rights of school employees can vary depending on factors such as their employment status (e.g., full-time, part-time, tenured, contractual), the type of institution (public, private), and applicable laws and regulations specific to their state. School Liability Expert Group teacher termination experts can review the facts of your case, the education institution’s policies, procedures, and practices to determine whether any legal or professional standards were violated. Such violations can often result in wrongful termination of school employees or negligent teacher retention and hiring exposing school districts to liability.
Most notable school employee rights are guaranteed by the 14th Amendment. These include equal employment opportunity and just like students, school employees have the right to be free from discrimination and harassment based on protected characteristics such as race, color, religion, sex, national origin, age, disability, or genetic information. School employees are entitled to fair compensation and have a right to safe and healthy working conditions. They have the right to due process in disciplinary actions, including notice of charges, a hearing, and an opportunity to present evidence and witnesses in their defense. Employees with employment contracts may have additional rights and protections outlined in their contracts, such as terms of employment, job responsibilities, salary, benefits, and procedures for termination. This includes the right to be free from retaliation for exercising their legal rights or reporting violations of laws, regulations, or school policies. School employees have the right to be represented by a union or legal counsel in employment-related matters, including disciplinary proceedings and negotiations with the employer. We recommend contacting one of our School employee screening, hiring, and termination experts or a teacher termination expert to review your matter involving any of the above issues.
Exploring School Employee Freedoms
Certain freedoms guaranteed to school employees are more precisely specified than others. For example, freedom from discrimination is protected and defined by the 14th Amendment’s Equal Protection Clause, Title VII of the Civil Rights Act, and Title IX of the Education Amendments of 1972. Discrimination allegations are serious, may be difficult to prove, and a school or its district will fight hard against any accusations by school employees. For this reason teacher termination experts are valuable in cases of wrongful termination of school employees due to discrimination. Even in negligent teacher retention that shows a discriminatory bias, schools may be liable for negligence if proper evidence is provided. School employee screening, hiring, and termination experts will work together to assess the applicable standards and the institution’s employment policies, practices, and facts of your case to determine discriminatory violations.
Less sharply defined school employee freedoms are the teachers’ freedom of expression, as protected by the First Amendment. Specifically, the First Amendment protects freedom of speech. However, as a teacher termination expert will emphasize, when it comes to the classroom, school employees have certain responsibilities to uphold when it comes to student rights and expectations. A 1968 Supreme Court case, Pickering v. Board of Education clarified that a public employee’s right to free speech is protected as long as the employee did not knowingly nor recklessly share false statements. However, in the case of Damiano v. Grants Pass Sch. Dist. a district court ruled that the school’s imperative to safeguard the safety and welfare of its students took precedence over the plaintiffs’ right to express opinions on issues of public concern, such as the district’s policies on gender identity.
To understand what qualifies as wrongful termination of school employees, it is important to note the limitations of academic freedom. Examples of speech and expression that schools are able to limit include but are not limited to statements resulting from personal or political agendas and commentary or social media posts that are found to be disruptive of the educational process. The need for school employee screening, hiring, and teacher termination expert consulting services to review these cases stems from the gray areas, such as what exactly qualifies as “disruptive.” Essentially, within the confines of their responsibilities and duty to students, teachers can choose how they express themselves in the classroom.
School Liability and Employee Rights Violations
Negligent teacher retention and wrongful termination of school employees may result from employee rights violations. It is vital to document any potential instances of discrimination and other rights violations, as schools are highly likely to deny any wrongdoing when matters escalate to litigation. School Liability Expert Group has school employee screening, hiring, and teacher termination expert consultants who can conduct a complete review of your case and provide expert report and testimony to assist the trier of fact in matters involving school employee discrimination and rights violations.
It is also vital to understand that many school employee rights intersect with student rights. As with the example of academic freedom, a teacher’s right to free speech is curtailed by a student’s right to an undisrupted education. Furthermore, teachers are expected to adapt their academic expression to ensure all students, including those with disabilities, are equally set up for success in their classroom. Just as teachers are protected from discrimination, school employees must not discriminate against students. A teacher termination expert will be well-versed in student rights as well to determine wrongdoing in scenarios where teacher and student rights overlap. This includes scenarios where negligent teacher retention resulted in student harm and wrongful termination of school employees due to retaliation for reporting policy and law violations.
School Employee Screening, Hiring, and Termination Expert Witness Services
Our highly trained and experienced team is ready to assist with your case. Enlist the School Liability Expert Group to provide witness services for plaintiff and defense attorneys, including consultation, expert reports, and expert witness testimony at deposition or trial. Our previous and current clients have shared testimonials expressing our sense of urgency and reliability. With experts possessing diversified experience in school administration and supervision and school liability, we can offer expertise on a wide range of matters throughout the entire United States and Canada. Schedule a complimentary call with a teacher termination expert today.