In many areas of New Jersey employment law, the scope of an arbitrator’s powers is a significant question. This is particularly true in the adjudication of tenure charges against New Jersey teachers and principals. The Appellate Division of New Jersey’s Superior Court squarely addressed this issue in the recently published…
Under New Jersey employment law, a school board must bring tenure charges when it wants to discipline a tenured teacher. The teacher can then appeal the tenure charges to the New Jersey Commissioner of Education. The Department of Education then refers the case to an arbitrator for determination of whether…
The Appellate Division recently issued an important New Jersey employment law decision concerning the due process rights of tenured teachers. Tenured teachers have significantly more protections than untenured teachers. An untenured teacher is essentially an “employee-at-will” who may be terminated without cause; however, an untenured teacher has the right to…
The Appellate Division of New Jersey’s Superior Court recently addressed a procedural question with significant implications for New Jersey teachers and other teaching staff members fighting tenure charges under the TEACHNJ Act of 2012. The TEACHNJ Act changed the system for fighting tenure charges. Previously, a teacher or other teaching…