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RoswellGAHokie

Joined: 01/01/2005 Posts: 14865
Likes: 15504


A few thoughts from a labor lawyer.


As Chill noted, labor lawyers primarily deal with unions. The herd is thinning, but we’re not extinct yet.

An employment lawyer is who you need, and one that specializes in higher education law.

Since your fiancée works for a private university, and not a public school, there is no property right to continued employment, which makes it tougher.

You said having associate professors on the committee was “policy.” Is that actually spelled out somewhere or was it just a practice that has since been altered? If it was spelled out, does the dean have the right to alter policy? Even if it was written somewhere and not altered, the policy wasn’t between your fiancée and the school, so you’d have to assert some sort of third party beneficiary theory.

Why did the dean exclude associate professors? Was there a legitimate business reason or was it designed to make it easier to reject candidates for tenure?

Don’t know if the consequence of not being tenured is job loss or continued employment as a non-tenured professor. If it’s the former, it may make your fiancée more sympathetic in the eyes of the court.

Find a qualified lawyer, one who knows employment law and higher education law. Good luck.

(In response to this post by Kamikaze Hoo)

Posted: 11/05/2018 at 3:45PM



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Current Thread:
  Did they give any feedback -- HokieDevil 11/06/2018 09:42AM
  Got my fingers crossed for you -- HokieDevil 11/06/2018 11:21AM
  Got my fingers crossed for you. -- HokieDevil 11/06/2018 11:20AM
  Tenure shouldn't exist ** -- 133743Hokie 11/05/2018 8:50PM
  Oh, I didn't realize that. -- HokieSignGuy 11/05/2018 5:50PM
  Ohhh, thanks. fully clear now. ** -- HokieSignGuy 11/05/2018 6:13PM
  He's looking for competent legal advice ** -- CrystalCoveHokie 11/05/2018 4:25PM
  A few thoughts from a labor lawyer. -- RoswellGAHokie 11/05/2018 3:45PM
  I would be very careful with the next steps -- HokieAl 11/05/2018 3:42PM
  What state? ** -- CrystalCoveHokie 11/05/2018 3:23PM
  What state are you in? -- Nova Hokie 95 11/05/2018 3:35PM
  Not Virginia ** -- Kamikaze Hoo 11/05/2018 3:39PM
  Was the friend granted tenure? ** -- CPRVHokie 11/05/2018 3:32PM
  Any chance that happens for your fiancée? ** -- CPRVHokie 11/05/2018 3:35PM
  Strong chance, I think. Probably 75% ** -- Kamikaze Hoo 11/05/2018 3:39PM
  Don’t mess that up by suggesting legal action. ** -- CPRVHokie 11/05/2018 3:58PM
  Truth. ** -- HokieSignGuy 11/05/2018 4:25PM

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