Supreme Court Rules Memphis School Board Owes Teacher Back Pay For Improper Termination

Friday, December 21, 2012

In a unanimous opinion, the Tennessee Supreme Court reversed the Court of Appeals and reinstated the trial court’s judgment awarding a Memphis teacher back pay and damages after the board failed to comply with the Teacher Tenure Act when it dismissed her.

Saundra Thompson, a tenured teacher in the Memphis City Schools, was terminated by the school board in April 2007 for failing to return to work after taking extended sick time. The board did not provide written charges or an opportunity for a hearing prior to the termination.

Ms. Thompson filed suit alleging violation of the Tenure Act and right to due process guaranteed by the Fourteenth Amendment to the United State Constitution. She was granted summary judgment and awarded reinstatement, back pay, damages and legal fees of $325,419. On appeal by the school board, the Court of Appeals remanded the case after it determined a factual dispute existed as to whether Ms. Thompson requested more sick leave prior to her termination, or whether she forfeited her tenure by making no such request.

The Supreme Court, in its holding Friday, reverses the Court of Appeals decision and affirms the trial court’s summary judgment, determining that, although a tenured teacher’s failure to return from sick leave may constitute cause for termination, there is no statute authorizing a board of education to deem it a constructive resignation or a forfeiture of tenure. The Court notes that by dismissing Ms. Thompson without providing her with written charges or an opportunity for a hearing, the defendant board of education violated her rights under the Tennessee Teacher Tenure Act and her constitutional right to due process of law.

To read the Saundra Thompson v. Memphis City Schools Board of Education opinion, authored by Justice Cornelia A. Clark, visit the opinions sections of

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