An Administrator's Guide to California Private School Law

Chapter 4 - Employment Contracts And Separation Of Employees

conduct a more complex investigation where an employee is accused of, for example, theft of school property. The facts must be established through witness testimony and documentation. If the employee is suspected of engaging in serious wrongdoing, the school should contact legal counsel to determine whether the employee should be placed on paid administrative leave during the pending investigation. LCW Practice Advisor

Conducting a fair, thorough investigation is critical. See the section dealing with investigation in the Recognizing And Preventing Harassment, Discrimination And Retaliation Chapter for more details.

L AYOFFS

Section 7

A. G ENERAL R ULE Schools may want to develop guidelines for layoffs that are included in employee contracts or employee handbooks. While private schools generally retain the freedom to effectuate a layoff as they deem best, there are limitations. The largest caveat is that a layoff cannot be effectuated for an illegal purpose. For example, while a school may view a layoff as an opportunity to terminate certain employees who are not considered to be the best fit for the school, layoffs that are effectuated for seemingly improper or even illegal motives can result in a variety of legal claims. Layoffs are generally used in situations involving budget shortfalls or reorganizations where services will be provided differently in the future. Layoffs designed to eliminate the duties of a problem employee (and therefore the employee) can be risky, especially where the duties remain, but may be divided up amongst different employees. The ability to lay off is limited by the same sources of law, discussed above, which limit a school’s ability to terminate an at-will employee. It is therefore important to consider whether a well-reasoned legal basis for laying off a particular employee could be viewed as biased and therefore illegal. LCW Practice Advisor

Due to the complex nature of layoffs, a school should consult with legal counsel to plan for a layoff. It is important for the school to properly evaluate the layoff and minimize liability exposure. The school should have written documentation explaining the layoff plan and process, which provides a written justification for the need to lay off employees and explains what criteria was used for the selection of specific employees to be laid off.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 124