ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Table 25
Constructive Discharges--Administrative Performance
Case Year State Action PP
LeGalley v. Bronson Comm. Schools 1983 MI T S
Ulichny v. Merton Comm. School Dist. 2000 WI R S
Heutzenroeder v. Mesa Co. Valley School Dist. 2010 CO T S
As to administrative performance, in LeGalley v. Bronson Community Schools, (1983
Mich. App.) and Heutzenroeder v. Mesa County Valley School District 51, (2010 U.S. App.),
both Legalley and Heutzenroeder claimed that their constructive discharge was based on
performance issues. Legalley claimed that he was unfairly denied pay raises due to his
performance issues. Heutzenroeder was provided with further professional development because
of her failure to handle certain situations to district standards. Much like these two cases,
Ulichny was ultimately stripped of her power and authority following an incident that received
an inordinate amount of media attention in Ulichny v. Merton Community School District (2000
U.S. Dist.). Ulichny’s early performance was not strong, but she recovered and then was
subjected to unfair treatment due to her handling of a situation where she followed district
directives.
As to the effect of interpersonal skills on the administrator in relation to constructive
discharge claims, a connection exists between the administrator who seemingly cannot get along
with superiors and their perception that their situation is unbearable.
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