Legal Question in Employment Law in Georgia

Recently, an evaluator filed a blatantly false evaluation of my performance, and may be building a case for getting rid of me. I can't directly refute it; it's not like I taped my performance. In the past few years, my school has been making a number of apparently arbitrary dismissals (in theory due to the budget crunch). I am a teacher in a GA public middle school, with a yearly contract. The contract says employees "shall not be terminated except as provided for in any law of the State of Georgia". That said, they might simply not renew the contract next year. Do I have any recourse or defense?

Asked on 11/26/12, 8:37 am

1 Answer from Attorneys

Michael Caldwell DeLong, Caldwell, Bridgers & Fitzpatrick LLC
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There may be a procedure applicable under your school board's policies for appealing an unfavorable performance review. This would vary by school district. Generally speaking, however, a school system or other public employer, like a private employer, is free to determine what performance criteria will be measured, and to judge an employee's accomplishments in meeting those criteria. Unless you can show that the measurement is pretextual, and that the real reason for the=ir evaluation is based on an illegal criterion such as, for example, your race, color, creed, religion, ethnicity, age etc., you won't have much of a chance to win.

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11/26/12, 8:47 am

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