Handling employee grievances and employee discipline is challenging in educational institutions. Special procedures must be followed to ensure compliance with federal, state, and local laws. Our attorneys specialize in conducting investigations, disciplining employees in both merit and non-merit districts, and handling employee grievances.
Employee Discipline and Termination
As district personnel have constitutional rights associated with their employment, the discipline of employees requires strict compliance with federal and state laws and procedures. In the event of a poor performing employee, our firm can assist in all aspects of documenting and handling the discipline of classified, certificated, administrative, academic, or temporary employees.
Our attorneys regularly advise our clients regarding effective discipline strategies that comply with all required laws, procedures, regulations, and relevant contracts. We have successfully assisted districts in improving the performance of employees by preparing detailed remediation plans and seeking termination when remediation efforts prove unsuccessful.
Our firm represents districts in all stages of employee discipline, from advisory matters at the onset of misconduct to representation at Skelly Hearings, Personnel Commission Appeals, and subsequent litigation.
Our attorneys also have extensive experience guiding districts through necessary layoffs. We can advise your district of all statutory and negotiated requirements for layoffs and reduction in force, assist in the selection of employees, provide those employees with legally sufficient notice, and provide representation at any related hearing.
Defense of Discrimination, Harassment, and Retaliation Claims
Our firm regularly provides guidance in ensuring compliance with all federal and state laws. For example, in the event of an Americans with Disabilities Act request, our firm can guide the interactive process to ensure the employee is provided with reasonable accommodation and the District avoids potential risk of legal liability.
In the event of a discrimination, harassment, or retaliation claim, our firm can assist in internal investigations of misconduct, drafting responses to administrative agency inquiries, and providing representation in subsequent proceedings. Our extensive experience includes representation of districts before the Public Employee Relations Board, the Equal Employment Opportunity Commission, the Department of Fair Employment and Housing, and in both state and federal courts.
Investigating internal employee complaints often involves complicated issues and compliance with many federal and state laws and regulations.
Our attorneys have experience conducting independent investigations, including conducting witness interviews, evaluation of evidence, and determinations of credibility. Our firm can provide a fact-based independent investigation report that provides extensive evidentiary documentation. Our attorneys also have extensive understandings with industry best practices and can recommend the implementation of new policies and procedures to avoid similar complaints in the future,