Tips For Teachers

By Bettina A. Davies

Education is an honored profession in Georgia governed by numerous constitutional provisions, state laws, and local school-district policies, regulations and guidelines. At Cauthorn Nohr & Owen, we help teachers navigate this confusing and complicated terrain when legal issues or questions arise. Here are some tips for Georgia teachers:

Bettina A. Davies

Talk to an attorney BEFORE you quit your teaching job. If a teacher resigns from a position without the consent of the employer, it is considered a breach of contract and abandonment of position. It can affect the status of the teacher’s teaching certificate, and he or she can be sued for breach of contract. A contract can be terminated: • By mutual agreement — The resignation of the employee and the acceptance of such resignation by the employer. • By dismissal from employment for cause after a hearing is held.

Don’t assume you can say whatever you want at school. Under limited circumstances, an educator’s constitutional right to free speech can be limited within the school setting.

You don’t have to be tenured to have contract rights. A non-tenured teacher’s contract can be non-renewed when a school system states in writing that the teacher’s services are no longer needed. The system must send this notice out by May 15. Upon request, a written explanation for failure to renew a contract must be made available to any certified personnel by the superintendent. Non-renewal of contract of a non-tenured teacher can be challenged successfully if the non-renewal is based on constitutionally impermissible grounds, such as age or race discrimination.

Bettina A. Davies is a network attorney for the Professional Association of Georgia Educators and concentrates her practice in the areas of educational and employment-rights law.

Tom Cauthorn provides insight to Braves rezoning lawsuit

By Marijane Cauthorn

The law may often be complicated, subject to interpretation, and confusing, but in some cases, it certainly isn’t dull.

Marijane Cauthorn

In one recent case, a property owner near the site of the new Braves stadium is suing Cobb County, claiming the county violated zoning procedures and abused its power.

Our senior partner Tom Cauthorn (himself a former Superior Court judge) served as a sidelines commentator, helping readers of the Marietta Daily Journal understand the issues involved.

Readers of the zoning case were guided by Tom’s seasoned observations. To begin, he said the factual allegations seemed complete and were unlikely to be dismissed. He also commented on the reputations of the lawyers representing the aggrieved property owner, drawing from years of experience to conclude that they were “serious-minded people” who would represent only those claims they believed to be “meritorious.”

“The first thing that absolutely leaps off of the page is that the plaintiff is represented by Doug Haynie and Daniel White,” Tom said in the Marietta Daily Journal. “Doug Haynie has been the city attorney for the city of Marietta for 30 years, and … Daniel White, Judge White’s son, is his partner. And Daniel White and Doug are serious-minded people. “I’ve never known either one of them to undertake anything, as far as filing any kind of legal proceeding, where they didn’t believe that there was a meritorious claim or a meritorious defense,” he added.

Tom was careful not to take sides or to predict a verdict. His role was to help citizens navigate the complexities of a case likely to get more attention before it is resolved.

Marijane Cauthorn is the managing partner at Cauthorn Nohr & Owen.