Improper Discharge of Public School Teacher
Public school teachers are usually discharged for two reasons:
- Incompetency, or
- Immoral or criminal conduct.
Most states require that a teacher who believes that they were improperly discharged from their job to exhaust all administrative remedies before they can sue the school. After going through all of the appropriate channels, it may still possible to sue the school and recover any damages that result.
When Can a Teacher Sue a School for Their Improper Discharge?
In order to sue a school for improperly discharging a public school teacher, the teacher must:
- Have the right to continue employment as a public school teacher through a contract or tenure,
- Be discharged from their teaching position or reassigned to a different position,
- The action taken against the public school teacher was based on supposed incompetency, or immoral or criminal conduct, and
- Was not incompetent, or immoral or involved in criminal conduct.
It might also be possible to sue a school for the improper discharge of a public school teacher if:
- The teacher was not afforded all procedural rights they are Constitutionally or statutorily entitled to,
- The teacher was discharged based on grounds that violate their due process or equal protections of the law, or
- The teacher was discharged based on something protected by free speech.
Are There any Defenses to Such a Lawsuit?
A school who is being sued for improper discharge of a public school teacher generally has three defenses:
- The teacher was incompetent, or immoral or engaged in criminal conduct,
- The teacher's incompetency, immorality, or criminal conduct is not curable, or
- The teacher was given adequate warning and opportunity to fix their incompetency, immoral or criminal conduct and failed to do so.
Do I Need an Attorney if I Was Wrongly Terminated as a Public School Teacher?
If you think you have been improperly discharged as a public school teacher, it is highly recommended that you contact an attorney. Only they will be able to explain the issue and help protect your rights.
Consult a Lawyer - Present Your Case Now!
Last Modified: 12-08-2010 04:25 PM PST