North Carolina teachers whose contracts aren’t renewed by their school districts have the right to challenge those decisions in state court. That doesn’t mean they give up their right to sue later in federal court. In effect, teachers get two bites at the apple.
Recent case: Walter Whitaker was a probationary teacher in North Carolina. When the school district chose not to renew his contract, Whitaker sued in state court. He lost and then filed a federal suit alleging disability and other discrimination claims.
The school district tried to have the case dismissed, since Whitaker had already forced them into state court appeals.
But the 4th Circuit refused. The federal judge pointed out that, under state law, Whitaker had no right to a jury or discovery, among other things. Therefore, the judge reasoned the earlier case didn’t bar his federal lawsuit. (Whitaker v. Nash-Rocky Mount Board of Education, No. 11-2060, 4th Cir., 2012)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/31300/nc-teachers-have-2-shots-at-appealing-contract-nonrenewal "
- California's wage-and-hour laws apply to everyone--even foreign-owned corporations
- Cutting an employee's pay is perfectly legal, but first review his potential for a bias lawsuit
- Carefully review sudden claims of disability during discipline
- IRCA: Hiring Immigrants
- What are the rules for providing, paying for employee uniforms?