Legal Question in Employment Law in California
What rights do I have against a school district's policy of involuntary leave of absence w/o explanation? I am a tenured Ca. teacher and a union member. My union rep. said I had no protection against this action. Is that correct information? I guess I'm guilty until proven innocent this sounds like a violation of my constitutional rights (amendment 14)
1 Answer from Attorneys
The constitution prevents the deprivation of life, liberty or property without due process. Being put on involuntary leave of absence is not deprivation of life, liberty or property. Furthermore, your union contract governs what contractual (rather than constitutional) due process you are entitled to and what you are not in job actions. Whether your union is right or wrong that what has been done is in accordance with the contract requires reading the contract, which of course cannot be done in an internet Q&A forum.
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