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Georgia’s Fair Dismissal Act
and other Legal Concerns
EPEL 7500Human Resource Management and
School OperationsSummer 2009
Georgia’s school teachers have greater employment protection than employees of other organizations. They are not just employees; they are public employees.
It is all about performance—or is it?
If not performance, then what?
How are job performance and job evaluation linked?
What is tenure?
What does it mean?
Eight reasons for termination: Incompetence Insubordination Willful neglect of duties Immorality Inciting, encouraging, or counseling
students to violate any valid state law, municipal ordinance, or policy or rule of the local board of education
To reduce staff due to loss of students or cancellation of programs (RIF)
Failure to secure and maintain necessary educational training.
Any other good and sufficient cause.
Common mistakes that school systems (and individual administrators) make:
Moving too fast Failure to document past problems with an
employee Bringing charges that do not fall under the
eight reasons Technicalities
Bringing charges involving problems from another contract year
Passing problems to other schools or districts
Failure to train and prevent Failure to proceed with caution in late
hiring.
Other areas of potential legal concern:
References; resignation in lieu of non-renewal; other little things
FMLA Discrimination; Equal Employment
Opportunity Commission (EEOC) Workers’ compensation
Employee assignment What constitutes a demotion in Georgia? (ALL 3
MUST BE PRESENT) Loss of pay Position of less importance Loss of prestige