This is not legal advice but for informational and instructional purposes only. The appellate decision in the link below from 1971 has some interesting definitions and applications for any Human Resources actions taken against an employee. This specific example involves a school teacher but could also apply to other categories and other business entities.
Do not be intimidated by thinking it is not possible to understand the “legal lingo” because it comes from a higher court. You can.
This is about a teacher who was discharged during the term of his written employment contract for punishing a student in class. This is not about what the teacher did but shows the method with which the situation was dealt with. A lesson can be learned here.
Teachers and employees alike can make mistakes…but is it CORRECTABLE? That correction process is what was missing in this case and in many situations involving the Alamogordo Public School District. There are procedures for a reason unless an employer has an agenda or “hit list” working. Employers build and strengthen employees unless they want lawsuits. They can become the worst place to work because of the toxic and hostile work environment. Fear is not leadership. Following proper disciplinary procedures instills confidence and trust in employees. THAT IS SORELY ABSENT AT APS.
Under Ms Tagle’s rules, she should be put on Admin Leave and then terminated. Why? Her many uncompleted tasks, personnel issues, and how she handled them, have caused many complaints and lawsuits. Her attitude and disrespect toward “low-level employees” and others? Don’t forget the money wasted on legal expenses for IPRAs and the lack of IPRA responses. How about new school construction approved and funded but not started after 4 years because of poor decision-making? Is this worse than others put on Admin Leave and then terminated? Is this a previous employment pattern of Ms Tagle’s? How much time and money have been wasted so far? How many careers were upended? Under normal circumstances, people in authority would have ended her “reign.” These are called career-ending blunders. APS School Board and Interim Superintendent? Does this exemplify good judgment or would “everything” come out if a move was made against CT? In spite of Ms Tagle’s inefficiencies and failures, she still deserves due process unless immediate contractual termination applies.
When things do not add up, it makes one go “Hmmm, what is going on?”
Please read this Court of Appeals decision. It brings up some good points in HR processes, School Board decisions, and resulting lawsuits.
https://nmonesource.com/nmos/nmca/en/item/378372/index.do
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