Teachers, Principals, Superintendents, Administrators, and Other Education Employees
McLaughlin & Nardi’s employment law attorneys represent New Jersey teachers, principals, superintendents, administrators, nurses, secretaries, janitors, and other education employees. We represent these vital public servants at all levels, from pre-K through grammar school and high school, to colleges and universities. We have considerable experience representing teachers and other education employees. Indeed, Maurice McLaughlin wrote the book on the subject, New Jersey Employment Law, Education Edition (Gann Law Books).
Discrimination Claims
Like all employers, New Jersey government employers cannot discriminate against their employees or harass them because of their gender, pregnancy, race, age, religion, marital status, sexual orientation, domestic partnership or civil union status, color, creed, nationality, ancestry, national origin, HIV related illnesses, mental or physical disability, genetic information, gender identity or expression, atypical hereditary cellular or blood trait, or liability for military service. Our New Jersey employment lawyers have significant representing teachers and other government employees in discrimination and harassment claims.
Whistleblower Protections
All employees, including New Jersey public school employees, who disclose, refuse to participate in, or object to or any conduct, practice or policy by their public employer which they believe violates the law, a regulation, or a public policy concerning health or safety, is fraudulent, or violates civil service laws, are protected from retaliation in any form, whether firing, harassment, demotion, transfer or withholding of increments. This area is particularly important in the public school environment given the special trust placed in schools for the care and education of our vulnerable children. McLaughlin & Nardi’s government employment attorneys have significant experience representing all types of government employees, particularly education employees, in whistleblower retaliation claims.
Constitutional & Civil Rights Claims
New Jersey teachers and other educational employees have additional protections because they are employed by the government. These protections include:
- Due Process. New Jersey education employees with “tenure” have a constitutionally protected right not to be disciplined or terminated without due process, which notice of the charges and the opportunity to defend themselves and dispute the allegations.
- First Amendment. Boards of education and other government employers cannot retaliate against its teachers and other employees for speaking on matters of public concern.
- Equal Protection. Government employers cannot treat employees arbitrarily, or differently from other similarly situated employees without a legitimate reason.
Tenure and Other Special Protections for New Jersey Teachers and Education Employees.
New Jersey’s Constitution guarantees all students a thorough and efficient education. To accomplish this, it is important to get the best teachers and other school employees possible. Unfortunately, New Jersey’s education employees are not paid nearly what they deserve, despite all of the noise in the press during campaign seasons.
Therefore, to attract and keep the best talent, New Jersey has adopted Title 18A, which provides special protections for New Jersey school employees. These protections include: tenure during good behavior (tenure in one form or another applies to all public education employees who satisfy their tenure requirements); due process in disciplinary proceedings; prohibition of disciplinary transfers; protections from wrongful increment withholding; protection of compensation and benefits; and protections during layoffs. Our New Jersey employment attorneys represent teachers, principals, superintendents, administrators, nurses, secretaries, janitors, and other education employees in disciplinary hearings, tenure charge proceedings and negotiations.
McLaughlin & Nardi’s New Jersey Education Employment Attorneys
McLaughlin & Nardi’s New Jersey employment attorneys represent teachers and other public school employees. If your government employer or board of education has violated your rights, e-mail us or call one of our New Jersey education employment lawyers at (973) 890-0004. We are experienced at fighting for the rights of New Jersey’s teachers and school employees who go to work every day to teach and care for our children.