It is pertinent to note here that teachers are employed under a written contract and onus comes on board to prove that teacher has misbehaved or violated any condition of employment. The Fair Dismissal Act enlists eight causes under which dismissal of the teacher can be acted upon and the board must ensure that charges framed against the teacher fit into one of the eight grounds outlined in the act for a successful termination.
The superintendent must forward a written notice to the teacher about their intention of dismissal along with a copy of the said Act. The employee must be provided with all information pertaining to their rights to assure him or her that proper procedure is being followed upon. The superintendent will also attach copies of OCGA 20-2-940 through 20-2-947, and 20-2-211(b) along with the notice. The teacher has full right to ask for the reasons of dismissal and the superintendent is obligated to reply within 14 days of this request. If the superintendent fails to reply within stipulated time period, the teacher’s contract will get renewed automatically. The superintendent needs to ensure that Professional Development Plan is in place. A detailed documentation process against the teacher is a must before taking any concrete action.
The principal will need to present all papers that include a complaint from the teachers departmental chair exposing teachers behavior. The principal will also need to present those papers from the teachers file that reveals that required attempts have been made to correct the teachers behavior. The principal will establish that the teacher has been placed on a Professional Development Plan before asking for his or her dismissal. It becomes imperative on part of the principal that all necessary papers and documentation are provided to the board beforehand otherwise termination request cannot go through.
5. What is the difference between an “at will” employee ...Show more