Labor & Employment Law

CA - Last chance agreement cannot waive statutory right to notice and hearing

Farahani v. San Diego Comm Coll (California Ct App 07/28/2009)

Farahani was a tenured professor against whom there were complaints of unwanted sexual and social advances. After the college began disciplinary proceedings, Farahani's union arranged for him to sign a last chance agreement in which he agreed that the college could discharge him if he violated the agreement, without complying with the state Education Code. He also waived all rights to appeal such a discharge. Following new complaints, the college summarily discharged Farahani.

The California Court of Appeal held that the last chance agreement could not waive Farahani's rights under the Education Code, including the right to notice, a hearing, and a decision by a governing board. The trial court reinstated Farahani with back pay, and the Court of Appeal affirmed.

Full post as published by Ross' Employment Law Blog on July 29, 2009 (boomark / email).