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Teachers’ Rights Basics

The protection of the labor rights of teachers in the USA is carried out on the basis of the Equal Protection Clause of the Fourteenth Amendment of the Constitution.

Protecting Teachers' Rights

In accordance with civil law, the teacher has the right to the following:

  • Fixed form of remuneration;
  • Social package;
  • The right to receive paid leave, sick leave, maternity leave, and time off.

Most often, teachers are faced with offenses such as illegal dismissal, denial of leave or sick leave, delays or non-payment of wages.

The main methods of protecting labor rights

The methods of labor right protection are methods that include the application of certain legal norms.
There are the following ways to protect the rights of teachers:

  • Self-defense, which is carried out by contacting higher authorities;
  • Protection of rights through appeal to trade unions;
  • Appeal to special bodies that monitor or supervise compliance with labor laws of the USA;
  • Judicial protection of the interests of the employee.

As restoration of rights, such measures as reimbursement to an employee of material damage caused by the action of the employer may be applied. Also, the employer may oblige to reinstate the employee in his or her position.

Legislatively, an employee may be required to provide the teacher with working conditions stipulated by an individual or employment contract. The teacher can count on the protection of his or her rights to compensation for material or moral harm, the restoration of leave, the abolition of the disciplinary sanction provided by the employer.

In case of violation of their legal rights, teachers may apply with a request to verify the actions of the employer to the prosecutor’s office, trade union or state labor protection inspectorate. In some cases, teachers can file a lawsuit in a magistrate or district court subject to the pretensious procedure for observing a civil case.