Employment Rights

Employment Rights

November 6, 2009 | Article

If you are a government employee, you do not forfeit your first amendment rights. You still have the right to speak out on issues of public importance. But not everything you say is protected and...

September 16, 2009 | FAQs

Maybe, maybe not. To be sure, if you are settling a controversial matter, you may well want to insert a confidentiality clause in the settlement agreement. Such a clause would say that the...

August 5, 2009 | FAQs

No. The law does not require that a reason be stated when an employee is terminated. However, honesty is usually the best policy. If an employee is let go, particularly if the person has been on...

August 5, 2009 | FAQs

Sexual harassment is a term we hear commonly, in the workplace and elsewhere. Technically, it refers to a form of sex discrimination that violates both Title VII of the Civil Rights Act of 1964 (...

August 4, 2009 | FAQs

An unfair labor practice is defined by statute. Generally speaking, it is a claim that an employer has taken action that interferes with an employee's rights to organize; alternatively, it can...

August 4, 2009 | FAQs

No, a union does not have to pursue every case to arbitration. Unions have a duty to fairly represent their members (called a "duty of fair representation"), but they do not have to pursue every...

August 4, 2009 | FAQs

A grievance is generally defined as a claim that the employer has violated a term or condition contained in a collective bargaining agreement. Usually, grievances begin informally but if certain...

August 4, 2009 | FAQs

A collective bargaining agreement is a contract between an employee organization (a union) and a public school employer (school district) that defines various rights for employees and prescribes...

August 4, 2009 | FAQs

Each district and each individual employee must make their own decision on whether it is appropriate for employees to join together in a labor organization. One distinct benefit is that union...

August 4, 2009 | FAQs

Yes, so long as the persons who desire to form an employee organization (union) are “supervisory” employees and are not “management” or “confidential” employees.

August 4, 2009 | FAQs

Absolutely. Under the Labor Code every employee has the right to inspect his or her personnel file; review all documents contained in the file; and make copies of documents in the file. If you...

August 4, 2009 | FAQs

The Education Code provides that before the District can place derogatory information in a person’s personnel file, the affected person has a right to be advised of the information and given the...

August 4, 2009 | FAQs

School principals and assistant principals, and all other certificated administrators have several rights under the Education Code. First and foremost, they have the right to be employed by...

August 4, 2009 | FAQs

Anyone serving in a position above the rank of classroom teacher may be classified as a school administrator. There are "certificated" administrators who are required to certified by the...