Legal Question in Employment Law in California
I am a school Counselor in a middle school.Before I became a counselor, I was a teacher with the same school district. I later became interested in becoming a Counselor. In order to achieve this goal, I had to return to school for a Counseling Credential and a Masters degree which took me about 2 years and lots of money to achieve.When a Counseling position became available at my school, I applied, interviewed, and was hired.There are two groups of Counselors employed in my district.There is a group that has both teaching and counseling credential(former teachers). There is the other group that have only counseling credential(never teachers). When there is a layoff in the district, senority comes into play in every job classification except that the same is not applied to the counselors. What the district does is to send back to the classroom a counselor with both teaching and counseling credential in order to safe the job of a counselor with only counseling credential without regards to senority as it is applies to every other job classification in the district.Under Labor law, is the action of the district discriminatory? There is no equal protect for all.Please advice.
1 Answer from Attorneys
Under these circumstances the labor laws give way to the education code and the collection bargaining agreement negotiated between your union and the school district, which control the order of layoffs. If you believe this is not being followed, speak with your union representative.
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