Facing the firing squad.

Facing the firing squad. Do you know what to do if suddenly you find your job in jeopardy?Attorneys who have defended teachers in employment cases have severalpieces of advice--and one of them is to stay out of court. Picture yourself as a 30-year-old, veteran teacher. You enjoy yourjob and you've always received good performance evaluations Performance evaluationThe assessment of a manager's results, which involves, first, determining whether the money manager added value by outperforming the established benchmark (performance measurement) and, second, determining how the money manager achieved the calculated return . Then,as if out of the blue, a new principal takes over at your school. Hedoesn't like your style and soon you start getting evaluations thatsay: needs improvement. You don't know Don't know (DK, DKed)"Don't know the trade." A Street expression used whenever one party lacks knowledge of a trade or receives conflicting instructions from the other party. what to do. Is your job injeopardy? It could be. Attorney Dena Rosenkrantz, who for the past 10 years has workedfor the Virginia Education Association (a National Education Associationaffiliate), says she's seen this pattern more than a few times--andoften it results in an ugly termination. If you suspect something likethis is happening to you, a wise first step may be seeking the counselof a teachers' union. The NEA NEAabbr.1. National Education Association2. National Endowment for the ArtsNEA(US) n abbr (= National Education Association) → Verband f��r das Erziehungswesen and AFT will pay legal fees ofmembers, but only if their attorneys decide a case has legal merit. Union attorneys say case law on teacher employment issues hasgrown more complicated in recent years. "Teachers are being firedtoday over technicalities that five to 10 years ago would not even havebeen an issue," says Lawrence Poltrock, an AFT attorney andmanaging partner of the Chicago law firm Witwer, Poltrock andGiampietro. Poltrock points to a recent case in which an Illinois schoolboard sought to fire a teacher who was supervising high school studentson a field trip. The teacher-chaperones had set a strict curfew curfew[O.Fr.,=cover fire], originally a signal, such as the ringing of a bell, to damp the fire, extinguish all lights in the dwelling, and retire for the night. The custom originated as a precaution against fires and was common throughout Europe in the Middle Ages. but onestudent chose to disobey dis��o��bey?v. dis��o��beyed, dis��o��bey��ing, dis��o��beysv.intr.To refuse or fail to follow an order or rule.v.tr.To refuse or fail to obey (an order or rule). . He snuck snuck?v. Usage ProblemA past tense and a past participle of sneak. See Usage Note at sneak. out of his room one night and headedfor the hotel's swimming pool. Completely unsupervised, he dove inand drowned. The AFT successfully defended this case, but Poltrock says that adecade ago the school board probably would not have blamed the teacher. "It's not a teacher's responsibility to check on...students every hour all night," Poltrock says. He attributes thecurrent atmosphere to "zero-tolerance" policies--strict rules,with no room for error or interpretation, that carry no-nonsenseconsequences, such as immediate dismissal. National compliance The laws governing unfair firing-or "wrongfuldischarge An at-will employee's Cause of Action against his former employer, alleging that his discharge was in violation of state or federal antidiscrimination statutes, public policy, an implied contract, or an implied Covenant of Good Faith and fair dealing. "--are complicated and heavily dependent on the state inquestion, but certain national statutes govern specific employeeactions. These transcend state law and include such well-knowns as theFamily and Medical Leave Act, Americans with Disabilities Act Americans with Disabilities Act,U.S. civil-rights law, enacted 1990, that forbids discrimination of various sorts against persons with physical or mental handicaps. ,Discrimination in Employment Act and Title VII. "For example, to comply with the Family and Medical LeaveAct, a school can't fire a teacher just because he had to have anoperation for appendicitis AppendicitisDefinitionAppendicitis is an inflammation of the appendix, which is the worm-shaped pouch attached to the cecum, the beginning of the large intestine. The appendix has no known function in the body, but it can become diseased. ," says David Strom David Strom (born 1964) is President of the Minnesota Free Market Institute. Prior to the formation of MFMI, David served as President of the Taxpayers League of Minnesota. , general counsel forthe AFT. Similarly, under Title VII--the statute that has played a role inthe onslaught of sexual harassment sexual harassment,in law, verbal or physical behavior of a sexual nature, aimed at a particular person or group of people, especially in the workplace or in academic or other institutional settings, that is actionable, as in tort or under equal-opportunity statutes. lawsuits since the highly visibleAnita Hill-Clarence Thomas case--a woman cannot be fired simply becauseshe's black, for example, or pregnant. Suits based upon any of these overarching o��ver��arch��ing?adj.1. Forming an arch overhead or above: overarching branches.2. Extending over or throughout: "I am not sure whether the missing ingredient . . . laws can be broughtwithout invoking the teacher's employment contract. The contractitself, however, becomes a second ground on which to base a lawsuit.Most public school teachers can rest a little easier because they havesuch contracts, which require the establishment of "justcause" for firing. Frequently, other employees fall under thesimple category of "at-will." They have no employment contractand can be terminated at any time and for any reason (as long as theaforementioned a��fore��men��tioned?adj.Mentioned previously.n.The one or ones mentioned previously.aforementionedAdjectivementioned beforeAdj. 1. national laws are not violated). Most tenure statutes allow four to five grounds for firing. Andmany require that teachers be warned and disciplined before they areterminated. "In general, you are able to dismiss school employees whenyou find that they haven't fulfilled their contractual obligationsor that they've violated a moral code," says Bruce Hunter, asenior associate executive director at the American Association ofSchool Administrators The American Association of School Administrators (AASA), founded in 1865, is the professional organization for more than 13,000 educational leaders across the United States. . Acceptable reasons for firings can be grouped broadly into threecategories: * Pedagogy incompetence--such as lack of classroom discipline, lackof subject matter knowledge and inadequate preparation. * Improper conduct--such as drug or alcohol abuse, criminal conductoutside the classroom and improper conduct with students. * Insubordination--such as the inability to get along with fellowteachers or the principal. Some states have statutes on the books that give school boards thepower to make termination decisions on a case-by-case basis. "For example, a teacher could be arrested for sellingcocaine, an activity occurring outside of the school, but the schoolboard could decide that it's inappropriate to have someoneconvicted of that crime serving as a role model for children,"Strom explains. Legal high ground To delve deeper into the legal system's complexity, ateacher's chances of succeeding in court also may depend on thestate. A teacher may have better odds in (generally) more liberalnorthern states such as Massachusetts, Rhode Island Rhode Island, island, United StatesRhode Island,island, 15 mi (24 km) long and 5 mi (8 km) wide, S R.I., at the entrance to Narragansett Bay. It is the largest island in the state, with steep cliffs and excellent beaches. , New York New York, state, United StatesNew York,Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of , Illinoisand Pennsylvania than in southern states Southern StatesU.S.Confederacygovernment of 11 Southern states that left the Union in 1860. [Am. Hist.: EB, III: 73]Dixiepopular name for Southern states in U.S. and for song. [Am. Hist. such as Virginia, NorthCarolina North Carolina,state in the SE United States. It is bordered by the Atlantic Ocean (E), South Carolina and Georgia (S), Tennessee (W), and Virginia (N).Facts and FiguresArea, 52,586 sq mi (136,198 sq km). Pop. , Alabama and Georgia. In Virginia, one of the more conservativestates, it's very difficult to override An arrangement whereby commissions are made by sales managers based upon the sales made by their subordinate sales representatives. A term found in an agreement between a real estate agent and a property owner whereby the agent keeps the right to receive a commission for the sale of a school board'stermination decision. To succeed in court, a Virginia teacher mustproduce strong evidence. "If all you're doing is saying, `I was wronglydismissed,' the standard is especially favorable fa��vor��a��ble?adj.1. Advantageous; helpful: favorable winds.2. Encouraging; propitious: a favorable diagnosis.3. to the schoolboard and bad for the teacher," Rosenkrantz says. A 1989 case, Russell County Russell County is the name of several counties worldwide:In Canada: Russell County, Ontario In the United States: Russell County, Alabama Russell County, Kansas Russell County, Kentucky Russell County, Virginia (Virginia) School Board v. Anderson,epitomizes this deference to school board decisions. In this case along-time teacher purchased some plastic dog droppings from a magic shopand brought the sight gag to school. When his students asked him what itwas, he said it was a member of the school board. He was fired. A panel comprising education professionals outside the RussellCounty school system reviewed the decision and concluded that, in spiteof the offense, the teacher was doing a satisfactory job and should bereinstated. The school board reversed the panel's decision and thecase went to court. Next a local judge ruled in favor of the teacher.Determined to stick by its guns, the board appealed to Virginia'shighest court, which reversed the lower court's decision and ruledthat the school board had the last word on the whole matter. In a northern state, this teacher might still have his job.However, the case shows how careful teachers need to be. Just being agood teacher provides no guarantees. Certainly in some cases a teachermay deserve to be fired--like one Strom recalls. The teacher justdidn't show up for work for days and days. In other cases, however,things aren't as clear. And it's not just teachers--other educators have beenaffected as well. Hunter refers to a case still pending in Coloradowhere a suburban high school in an elite district fired its principal.The principal accompanied a group of students on a school trip to Francewhere they were served wine with dinner. He was charged with violating aportion of his employment contract that requires the observance of statelaw. In Colorado, people under 21 cannot be served alcohol. Courting the cues If you want to stay out of court, keep alert for subtle signs thatyour higher-ups may be unhappy with you. Just because you thinkyou're doing a good job doesn't necessarily mean they thinkso. Consider these tips: * Pay close heed to performance evaluations. These factor heavilyinto measures of competence. "In some districts, like FairfaxCounty, Va., bad evaluations mean you will be out," Rosenkrantzsays. "We tell our clients, `If you get a second bad evaluation,you will be fired.'" Many of those teachers choose to resignand look for another job rather than be terminated. * Keep a good attitude. Your disposition can move mountains. Grumpy grump��y?adj. grump��i��er, grump��i��estSurly and peevish; cranky.grumpi��ly adv. behavior or defensive approaches can close doors. * Ask for a meeting with your principal if you've received abad evaluation. Find out the whys behind the evaluation. Discuss stepstoward improving your next evaluation and take them. Make sure those incharge know about your efforts. Taking these steps may help you avoid the courtroom altogether.Even a short legal action is likely to take at least a year. Longeractions, like a four-year lawsuit pending in Fairfax County against aphysical education teacher accused of molesting students, could takeseveral years and cause major lifestyle disruptions. And even if teachers do succeed in court, they typicallydon't win big awards. Usually they just get back pay for the timespent pursuing the action. Poltrock has won some awards as high as$500,000, but these are rare. Being a union member may provide somelegal counsel, but there are no guarantees. And, Strom advises, it canonly help you before problems arise. "You can't buy carinsurance after you've already been in an accident," he says. And remember that although unions pay members' legal fees,they don't take every case. Rosenkrantz, who practices in theconservative South, says teachers frequently come to her complainingabout practices they feel are "outrageous." "Take me tocourt," they beg her. But she says, "I'm constantlywriting memos telling them that considering the standard of review incourt, their case is unlikely to succeed."Monica Fuertes, who has a doctor of law degree from GeorgetownUniversity Georgetown University,in the Georgetown section of Washington, D.C.; Jesuit; coeducational; founded 1789 by John Carroll, chartered 1815, inc. 1844. Its law and medical schools are noteworthy, and its archives are especially rich in letters and manuscripts by and , is a freelance writer based in Arlington, Virginia. This is the first of a four-article series on "LegalLessons" for teachers. Look for the next installment in theNovember/December issue.