ERIC Number: ED247642
Record Type: RIE
Publication Date: 1984-Apr-2
Reference Count: 0
How Not to Get Sued When You Fire Somebody.
Richards, Joe B.
This checklist is designed to reduce the prospect that a termination decision will be reversed in a grievance procedure, arbitration, state agency hearing, or court proceeding. The checklist is arranged under the following headings: (1) What is the real reason for considering firing this individual? (distinction between reduction-in-force and termination, warning against subterfuge); (2) Is the reason job-related? (It must be related to contractual provisions and impinge on job performance); (3) Are the reasons supported by documents from the personnel file? (4) Are there steps that must precede consideration of termination? (statutory and/or contractual requirements for evaluation, opportunity for remediation, assistance, etc.); (5) termination procedure; (6) possible forums for employee remedies; and (7) final statutory and constitutional rights checklist. An attachment is provided, detailing special problems in collective bargaining states. These include remedies based on collective bargaining law, the more controversial contract clauses, the duty to bargain, and a reference for the standard of judicial review of arbitration awards. (TE)
Publication Type: Speeches/Meeting Papers; Guides - Non-Classroom
Education Level: N/A
Audience: Policymakers; Administrators; Practitioners
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the National School Boards Association (Houston, TX, March 31-April 3, 1984).