ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

further clarified that Heutzenroeder’s contract clearly specified that it was for a 210-day period
to which she was entitled to her fixed salary and benefits but not beyond that period.
Second, Heutzenroeder did not provide any evidence that she was exposed to an
intolerable work environment causing supporting constructive discharge claim. In fact,
Heutzenroeder voluntarily resigned after having garnered other employment. Moreover, she
remained on the payroll throughout February and was presented with a position of similar status
and rank. As the court found, this was not a reasonable argument.
Third, there was no need to evaluate her breach of contract claim because it was
dependent upon Heutzenroeder demonstrating that she had been constructively discharged the
court explained.
Disposition: The district court ruling was affirmed.
Citation: Flores v. Von Kleist, 739 F.Supp.2d 1236, (2010 U.S. Dist.).
Key Facts: Francisco Flores had a very disjunctive employment history with the Orland
Unified School District. Due to his deployments and service in Iraq and Afghanistan in the
National Guard, he worked in broken patterns from 2003 until his termination in 2008.
Flores began as a teacher but served less than 2 years in that capacity as he was elevated
to an administrative position by the time he had returned from active duty in 2006. Following his
return, Flores was promoted to fill in as principal for the Mill Street School for the remainder of
the year. At the conclusion of the year, he was rehired to be the principal at Mill Street for the
2006-2007 school year. During the 2006-2007 school year, Chris Von Kleist, Orland’s
Superintendent of Schools, began receiving complaints by teachers, parents, and union
representatives about Flores’ sexually suggestive behavior in meetings and interactions with
teachers.
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