Database Search Result Details
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First Name
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REON
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Last Name
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LAMBERT, ET AL.
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Decision Date
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2/28/1990
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Docket Number
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89-38-143
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ALJ
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SK
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Respondent
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POCAHONTAS COUNTY BOARD OF EDUCATION
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Employment Type
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PROF
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Job Title
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Topics
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RIF
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Primary Issues
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LACK OF FUNDING; LACK OF NEED
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Outcome
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GRANTED
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Statutes
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18A-2-2;18A-2-7;18-9A-4
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Related Cases
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LAVENDER
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Keywords
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FUNDING; NEED; RIF
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Three professionals were riffed for lack of need but the hearing examiner found the real reason was economic and related to complying with 18-9A-4. This statute set a funding rule but requires that no layoffs can be made of employees hired before 7-1-88 as a result except by attrition. Failure to provide the true reason denied them a proper due process pretermination hearing. Reinstate and compensate for all wages lost due to the improper elimination of the position.
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