Association of Texas Professional Educators
 

 

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Eligible ATPE members may contact ATPE legal staff with employment-related legal questions or inquiries.

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Conflicts with colleagues don't have to become crises

A principal calls a teacher into the office daily to ask for justification of the lesson plans. The principal asks for more and more detail in the plans and is still not satisfied. The teacher reaches the end of her rope and yells at the principal, refusing to turn in lesson plans at all. The principal recommends nonrenewal of the teacher for insubordination and failure to follow district policies.

Another teacher and her aide have differing opinions about the activities in which the aide should be engaged. The teacher and aide argue in front of the students, the aide fails to respond to the teacher's requests, and the teacher complains loudly about the conflict in the teachers' lounge. Both the teacher and the aide receive written reprimands from the principal for their behavior, with threats of further disciplinary action if the problem continues.

Calls about these situations and others like them come to the ATPE Member Legal Services Department all too often. The employees in the two situations above caused themselves more trouble than they needed to by not making use of common sense and a tool that is available to all public school employees: the grievance. So, how could the outcomes above have been prevented?

First of all, don't let the situation escalate until it affects your performance. Second, follow any directives that you receive from a supervisor. If you disagree with the directive, you can contest it either informally or through the grievance process, but always follow the directive in the meantime. Failure to do so may result in a reprimand for insubordination, as seen in the first example. While you may be completely vindicated for the underlying problem if you grieve the situation, you may not be able to get rid of the reprimand because you did refuse to follow the principal's directive. Refusal to follow a legal directive can result in more serious actions being taken as well, including termination.

If you are confronted with unprofessional behavior from a co-worker, the first thing to do is to try to resolve the problem directly. Often, misunderstandings are just that and can be resolved by talking. In addition, it is often best to be able to tell a supervisor that you tried to resolve the matter informally if you do have to enlist her aid. If informal methods do not work or are not feasible, talk informally with your supervisor. If that still does not resolve the problem, make use of the district grievance process. This process allows any public school employee to bring concerns or complaints about working conditions to the attention of the employer. Filing a grievance does not guarantee that satisfactory action will be taken by the administration, but it does guarantee that someone who could take action must listen to your complaint. It also preserves your right to go higher up the chain of command with the complaint and legally protects you from retaliation.

It is never wise to respond to unprofessional behavior with more unprofessional behavior. It will often result in documentation in your personnel file, distractions from your job duties and possible consultations with an attorney—all of which might be preventable if you tackle the problem promptly and professionally.

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The legal information provided on this website is for general purposes only. It is not intended as a substitute for individual legal advice or the provision of legal services. Accessing this information does not create an attorney-client relationship. Individual legal situations vary greatly and readers should consult directly with an attorney. Eligible ATPE members should contact the ATPE Member Legal Services Department using our online system, MLSIS.