Employment Law

Professional development

It may seem counterintuitive, but when we have taught a school district how to handle employment matters themselves – so they no longer need us – we’ve done our job well. We train employees, districts, and educational organizations on hiring and termination do’s and don’ts, classification of employees, conducting and documenting investigations, transition to administration, proper procedures for employee discipline, leave of absence policies, and more. While some policies and procedures are determined by collective bargaining agreements, others are the determined by statute or district policy, and it’s not always clear what law or policy applies. Count on F3 for tailored and precise training in all areas of employment-related policy and compliance.

Employee classification

Getting this wrong can be costly! We help districts with questions about employee classification – their status: certificated, classified, probationary, permanent, temporary, or substitute. F3 is here to guide you through every detail of correct employee classification and how to avoid litigation. In California, “certificated” employees are those required to have teaching or certain other credentials, and terminating a certificated employee can be a complex process. Consulting legal counsel is always a good idea. “Classified” employees perform a host of other essential work such as food service, office, maintenance, transportation, academic assistance, library and media, computer services, and more. They are often represented by the California School Employees Association (CSEA), with their employment status governed by both collective bargaining agreement and federal/state law. But the rules are continuously changing. Helping you stay current and in compliance is part of F3’s mission.

Accommodations

School districts must tread carefully when it comes to accommodations for disabled employees. Various federal and state laws prescribe how employers must accommodate employees, and handling accommodations incorrectly can result in allegations of ADA (Americans with Disability Act) violations and/or claims filed with the EEOC or the Reasonable Accommodation Office of the FDA. Employers are frequently unsure what the legal issue is but know there is one. F3 attorneys have decades of experience helping education employers avoid conflicts while enabling all employees to be successful.

Leaves of absence

Employee leaves of absence are among the most complex areas of California school law. There are bereavement leave, maternity and paternity leave, pregnancy disability leave, injury, personal necessity, jury duty, union leave, and others. Plus, certificated and classified employees may have differing rules. It’s often unclear what law or policy applies. We regularly provide districts and California educational organizations with training and assistance as they develop and enforce leave policies that are compliant with both federal/state statutes and collective bargaining agreements. For policy development, analysis, and counseling on individual matters, count on F3 experience for the right guidance.

Complaints and investigations

Complaints come from many directions: employees, parents, even students. They range from run-of-the-mill complaints about an employee to complex allegations of discrimination or sexual harassment and beyond. We assist districts in developing legally compliant procedures for handling complaints, and we are ready to advise, investigate, and document each matter. We have broad experience representing clients on all aspects of cases filed with administrative agencies, such as the Public Employment Relations Board (PERB), the California Civil Rights Department (formerly the Department of Fair Employment and Housing), the Equal Employment Opportunity Commission (EEOC), the Department of Industrial Relations (DIR), and others.