WorldWatcher
Gold Member
Yup. In a court of law.Innocent until proven guilty
When did that start applying to employment?
Just curious.
It's not necessarily an "innocent until proven guilty" thing it's a due process question.
I can't speak for California which the OP is about, but the Code of Virginia provides that teachers have a due process right to notification on the grounds of recommended termination (§ 22.1-307) and to appeal such termination (§ 63.2-1526).
The fact is that there are multiple types of employees, many refer to them as Contract or Classified employees and while both can appeal a dismissal, the process can be slightly different. In the case of Contract employees they are contracted to perform duties for the contract year for a set amount of money. If they terminate employment for a reason not permitted under the law, there are repercussions that can be taken. For example the individual could be sued and required to pay replacement costs. In Virginia, the local School Board can notify the State Department of Education and request that the individuals teacher license be revoked which would effectively bar them from working in the field in the future. On the other side of the coin if the government entity terminates the employee and cannot prove cause, which would require an investigation, statements, witnesses, etc. - then the government entity could be liable for lost wages and attorneys fees for violating the contract.
So ya, at least in Virginia - the Code of Virginia provides for due process when it comes to terminating contract employees.
LIS > Code of Virginia
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