Teacher defense

I have a continuing contract. Can I be terminated?

Yes, for good and just cause, which is a legal phrase that carries very fact-specific weight. Good and just cause often involves teacher or administrator misconduct, including but not limited to acts or omissions that violate the Licensure Code of Professional Conduct for Ohio Educators. Termination of a teacher or administrator’s contract for good and just cause may lead to  investigation by the Ohio Department of Education . Review the Q & A  on our site regarding teacher and administrator misconduct allegations.

What are my rights if my employer is trying to terminate me?

Teachers subject to termination have due process rights which include the right to representation by an attorney, the right to a pre-disciplinary hearing, and the right to a termination hearing. Additionally, when a teacher or administrator may face potential criminal or traffic charges, the teacher or administrator has Garrity rights, which protect them from making admissions later used against them in a criminal or traffic proceeding. Ultimately, teachers and administrators also have the right to appeal a negative outcome in a termination hearing.

I have been or might be charged with a crime. Do I have to talk to my employer during their investigation?

A teacher or administrator facing potential criminal or traffic charges related to their employer’s investigation should immediately retain an attorney. An experienced attorney will advise the teacher or administrator how to balance the teacher or administrator’s duty to cooperate with their employer’s investigation, and simultaneously protect their right to remain silent in the criminal or traffic matter. Depending upon the nature of the criminal or traffic offense, it sometimes makes sense for the teacher or administrator’s employment and criminal/traffic representation to be the same person; at a minimum, a teacher or administrator should be sure to connect their criminal/traffic attorney to their employment attorney as soon as possible, because some moves in the criminal/traffic matter could negatively impact the teacher or administrator’s employment matter.

My administrator placed me on on improvement plan, but I don’t deserve it. What can I do?

Ohio law grants administrators broad discretion to place teachers and administrators on improvement plans. A teacher or administrator does not have a right to dispute an improvement plan. Teachers are frequently placed on improvement plans to later justify non-renewal of their limited contract, or to contribute to good and just cause for termination. However, placement on an improvement plan is not required to non-renew  or  terminate a teacher or administrator, unless a collective bargaining agreement specifies otherwise.

My administrator’s reasons for termination are not real. My administrator just doesn’t like me. What can I do about that?

Ohio and federal law prohibit discrimination. Essentially, teachers and administrators cannot be terminated because of their protected class, such as sex, race, or disability. Unfortunately, an administrator’s non-discriminatory dislike for a teacher does not provide the basis for a lawsuit. However, due process rights for teachers subject to termination does require that an administrator be able to establish that the teacher engaged in conduct that is fairly serious, so an administrator’s mere dislike for a teacher should not meet the standard for teacher termination

I am facing termination. Should I get my own attorney or use union representation?

 A teacher facing termination who’s a member of a union should consult with their union representative about their situation. If a teacher is not comfortable with their union representation, a teacher should consult with an experienced education law attorney, as employment issues related to teachers are unique. Whether a teacher uses union representation or private counsel, it is imperative that a teacher involve representation at the earliest stage possible.

 How can an attorney help me if I am facing termination?

An experienced attorney will advice and represent a teacher through the pre-disciplinary hearing in an effort to avoid termination. If that is not possible, an experienced attorney will attempt negotiations with the district, and will ultimately represent the teacher in a termination hearing if the matter cannot be resolved favorably.