Legal Articles, Employment
What Is the Law Controlling Drug Testing in the Workplace or in Public Schools in Connecticut?
What Is the Law Controlling Drug Testing in the Workplace or in Public Schools in Connecticut?
Hurdles Employees Must Jump in Filing a Claim for Unlawful Discrimination
Here in Connecticut and across the nation, employees from all walks of life routinely face unlawful discriminatory practices and treatment in the workplace. Depending on the nature of the claim, he or she may file civil lawsuits under Title VII (which prohibits employment discrimination on the basis of race, color, religion, sex, and national origin) or the Connecticut Fair Employment Practices Act (CFEPA).
However, employees need to keep in mind that before they seek recourse with the courts, they must first exhaust all of their administrative remedies. “The exhaustion requirement exists to afford the administrative agency the opportunity to investigate, mediate, and take remedial action.”[1] Failure to do so will result in dismissal of the case.
Athletic Director’s Claim for Wrongful Discharge Undermined by At-Will Employment
In the case of Buscetto v. St. Bernard School of Montville, Inc., an athletic director sued a private school for wrongful termination. For the athletic director to succeed in a wrongful discharge claim, he must show the court that his termination violated an explicit statutory or constitutional provision or public policy. The school moved to strike the athletic director’s claim, arguing that the claim was legally insufficient.
Considering Teacher Evaluation Under Connecticut Law
Connecticut law governing teachers is rather extensive and goes into particular detail regarding employment, tenure, and notice and hearing on failure to renew or termination of contracts. See Connecticut General Statutes (C.G.S.) § 10-151. The process of evaluating teacher performance, particularly in light of the potential pitfalls as seen in Chicago, had already become a focal point of legislation in this State. At the present time, Connecticut law requires continuous evaluation of school teachers by every district, taking into consideration more factors than mere test results: 1) teacher strengths; 2) areas that need improvement; 3) improvement strategy indicators; and 4) numerous measures of student academic growth.[2]
Tenured Teacher Suffering Numerous Physical, Psychological Ailments Properly Dismissed
In a matter heard in front of the Superior Court of Connecticut in New Haven, a tenured teacher unsuccessfully appealed a school board’s (Board) decision to terminate her employment. The Court determined that the Board’s decision was not arbitrary or capricious, but rather was based upon sufficient evidence.
Contractual Rights for Teachers: An Overview
The law of contracts applies to contracts between teachers and school districts. This law includes the concepts of offer, acceptance, mutual assent, and consideration. For a teacher to determine whether a contract exists, he or she should consult authority on the general law of contracts. This section focuses on contract laws specific to teaching and education.
Tenured Teacher Dismissal Process and Timetable
The teacher tenure law sets out strict termination and due process requirements for teachers, whether or not they have tenure. Tenured teachers have their contracts automatically renewed from year-to-year; can be dismissed only for six statutorily specified reasons; and have the right to (1) bump untenured teachers in positions for which they are qualified if their positions are eliminated, (2) written notice of the reasons for termination, (3) a termination hearing before the board of education or an impartial hearing panel, and (4) appeal the results of the hearing to Superior Court.
Custodian’s Threat Too Severe to Justify Reinstatement, Says Court
In the case of Bridgeport Board of Education v. Nage, the Bridgeport Board of Education sought to vacate, or remove, a prior decision in favor of a former custodian’s reinstatement to a Bridgeport school. The board of education had terminated the custodian’s employment after he had mailed to various city officials a packet of materials that contained detailed descriptions of mass shooting incidents at public schools. A handwritten note concluded with the statement, “If I’m being punished for breaking the rules then we all should.”
