Georgia’s Fair Dismissal Act and other Legal Concerns EPEL 7500 Human Resource Management and School Operations Summer 2009

Georgia’s school teachers have greater employment protection than employees of other organizations. They are not just employees; they are public employees.

It is all about performance—or is it? If not performance, then what? How are job performance and job evaluation linked?

What is tenure? What does it mean?

Eight reasons for termination: Incompetence Insubordination Willful neglect of duties Immorality Inciting, encouraging, or counseling students to violate any valid state law, municipal ordinance, or policy or rule of the local board of education

To reduce staff due to loss of students or cancellation of programs (RIF) Failure to secure and maintain necessary educational training. Any other good and sufficient cause.

Common mistakes that school systems (and individual administrators) make: Moving too fast Failure to document past problems with an employee Bringing charges that do not fall under the eight reasons Technicalities

Bringing charges involving problems from another contract year Passing problems to other schools or districts Failure to train and prevent Failure to proceed with caution in late hiring.

Other areas of potential legal concern: References; resignation in lieu of non- renewal; other little things FMLA Discrimination; Equal Employment Opportunity Commission (EEOC) Workers’ compensation

Employee assignment What constitutes a demotion in Georgia? (ALL 3 MUST BE PRESENT) Loss of pay Position of less importance Loss of prestige