Does a teacher have a legal right to be properly classified as a permanent employee?

California, United States of America


The following excerpt is from Henderson v. Newport-Mesa Unified Sch. Dist., G046765 (Cal. App. 2013):

As exemplified by Daugherty v. Board of Trustees, supra, 111 Cal.App.2d 519, a public school teacher has a legally enforceable right to be properly classified as an employee. There, a teacher sought to rectify the consequences of her misclassification as a probationary, rather than permanent, employee. She first petitioned the trial court for a writ of mandate compelling the school to reinstate her employment with the appropriate "permanent" classification; after she prevailed and was reinstated as a permanent employee, she then brought a second action to recover the salary owed to her on account of her permanent status. The trial court awarded the salary and the school appealed,

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