School Job Lawsuits
Authored by Ken LaMance, LegalMatch Law Library Managing Editor and Attorney at LawLocate a Local Government Lawyer
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.
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Last Modified: 02-11-2013 01:59 PM PST
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