School Job Lawsuits

What are “School Jobs”?

The term “school job” generally refers to persons who are employed as teachers or other instructional workers are a school.  However, school jobs can also include many other different lines of work besides instructional workers.  These include:

• Administrative staff
• Teacher’s aides
• Counselors
• Coaches
• Custodians and maintenance staff
• Parking attendants
• Crossing guards

In general, school jobs are associated with somewhat different requirements than other types of employment.  This is because the person will be working in a school zone, typically around young children and minors.  Thus, most school jobs involve a background check as part of the hiring process.

What are Typical Legal Issues in a School Job Lawsuit?

In addition, school jobs may be associated with different legal issues.  For instance, the following legal issues may be a part of some school job lawsuits:

• Wage and Hour disputes:  disputes over wages, salaries, and hours tend to form the basis for many educational employment disputes, due to the way that school schedules fluctuate. 
• Disputes over vacation:  Employee vacation periods tend to follow those of the student’s schedules (i.e., summer/winter breaks, etc.); this can lead to some disputes over vacation and other considerations.
• Background checks:  As mentioned, an applicant for employment at a school may be required to undergo a thorough background check.  Persons who have been convicted of felonies (especially those involving minors, firearms, or restraining orders) often are not allowed to enter a school zone.
• Vicarious Liability:  Sometimes, an employee may be authorized to perform tasks involving extra responsibilities.  For instance, a teacher may be assigned to escort students on a field trip.  For some lawsuits, the question of the teacher’s scope of liability becomes a legal issue.
• Wrongful Termination:  This can become an issue for instance if a school worker’s employment contract is violated

Lastly, schools cannot violate any discrimination laws in the process of hiring.  While a thorough background check is justified, a school needs to apply consistent standards to applicants, to ensure that they aren’t being discriminated against.

Remedies for most employment lawsuits may include a damages award to compensate for losses, and also a court order to reinstate the employee to their former position if they were terminated.

Do I Need a Lawyer for a School Job Lawsuits?

Lawsuits over school jobs can sometime involve very complex legal determinations.  You may need to hire a lawyer in your area if you need assistance filing a claim for an employment issue.  Your attorney can represent you during court hearings and can assist you in obtaining a legal remedy for losses you may have experienced. 

Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

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Last Modified: 02-11-2013 01:59 PM PST

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