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.
In accordance with civil law, the teacher has the right to the following:
Most often, teachers are faced with offenses such as illegal dismissal, denial of leave or sick leave, delays or non-payment of wages.
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:
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.