Career Tech Corner: CTC Construction Program Builds Interest in Construction Delivery Methods

Career Tech Corner: CTC Construction Program Builds Interest in Construction Delivery Methods

by | Apr 24, 2024 | Board Policy & Representation, Construction & Real Estate, General

The last Biennium Budget Bill included grants for the expansion of career technical opportunities. Last fall, the Governor’s office announced that of the 59 applicants for the Career Technical Construction Program, 35 were awarded almost $200 million. This funding will be used to build and expand classrooms and training centers at JVSDs, compacts, and comprehensives across Ohio in various programs like engineering, manufacturing, health sciences, construction, and more.

There are various construction delivery methods available to recipients of these funds who choose to use the for construction projects. The main three delivery methods utilized by school districts are summarized below.

1. Design-Bid-Build (“DBB”). This is the more traditional method of construction delivery. With this method, the owner hires an architect to develop the plans, specifications and estimates of cost. This requires a qualifications-based selection process. The architect then assists the owner with bidding the various bid packages for the contract either through a single general contract or multiple contractors. This method is typically used for smaller projects such as minor renovations, pre-fabricated buildings, athletic facility upgrades, etc., but can be utilized for larger projects as well. The Owner would contract with the architect and each prime contractor coming onto the project.

2. Design-Build (“DB”). This is often confused with DBB even though it is an entirely different delivery method. Through this method, the architect is responsible for both the design and the construction of the project. The owner has a single contract with the design-build firm. The design-build firm is selected according to a two-stage selection process that first considers qualifications then technical and price components for the delivery of the project. Prior to selecting a design-build firm, the Owner must hire a criteria architect to develop the design criteria for the project. The criteria architect is hired using a qualifications-based selection process in the same manner as hiring an architect or engineer for professional design services. Design-build is considered a faster delivery method, however, this is because there is not a lot of owner input on the actual design itself, only the criteria for the design, i.e., what components and functions the finished build must have. This method is good for projects such as an additional wing of traditional classrooms that do not have unique design components.

3. Construction Manager at-Risk (“CMR”). This is currently the most popular delivery method for new school construction, major renovations and additions projects, and projects where the owner wants to have a lot of input on the design and functional components of the build. With CMR, the owner hires an architect for the necessary professional design services. The Owner goes through a two-stage selection process first considering qualifications, then technical and pricing proposals. The Owner combines the scores across both stages and awards a contract to the winner. The CMR serves as both the construction manager and the builder. The Owner has a single contract with the CMR and the CMR is responsible for bringing in all materials, labor, and equipment to the Project.

Districts undertaking large or complex projects may consider hiring an owner’s representative. An owner’s representative is a professional agent who advises the owner and supervises the project to make sure it stays on track. While it is true that the architect and contractor will have contractual obligations to the owner, they are not “in their corner” so to speak and may end up in an adversarial position if a dispute about the work arises. The owner’s rep in turn is the agent of the owner and their focus is on asserting the owner’s interests on the project. The Ennis Britton Consulting Group (“EBCG”) provides owner’s representative services. Barb and Steve Shergalis of EBCG are former architects very experienced in public school construction projects.

Each of these delivery methods has their own unique requirements for properly soliciting the contracts to get the Project off the ground. It is therefore important to make sure that you are taking all the proper steps to ensure you have a valid contract in place that does not expose the Board of Education to unnecessary liability risks. Please do not hesitate to contact a member of the Ennis Britton Construction Practice Group with questions about the right delivery method for your project.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To Block or Not to Block: U.S. Supreme Court Issues A Free Speech Decision Regarding Social Media

To Block or Not to Block: U.S. Supreme Court Issues A Free Speech Decision Regarding Social Media

by | Mar 20, 2024 | Board Policy & Representation, General

 

 On Friday, March 15, 2024, the United States Supreme Court weighed in on the ability of public officials to block critics on social media accounts.

In Lindke v. Freed, a unanimous U.S. Supreme Court established a test or factors to consider when determining if a public official had a right to block critics on social media accounts. The record of the case showed that Freed maintained a private Facebook account, which was updated to include his appointment to city manager of Port Huron, Michigan in 2014. He utilized his Facebook account to post about his personal life, information related to his job, soliciting feedback on issues of concern, and communicating matters from other areas of the city. Freed would comment to posts on his account and occasionally deleted posts he considered “derogatory” or “stupid.”
During the COVID-19 pandemic, community member Lindke posted his displeasure with how the city was handling the pandemic on Freed’s Facebook page. Freed deleted these posts and eventually blocked Lindke from commenting on Freed’s Facebook page. Lindke sued alleging Freed violated his First Amendment Rights.

In its decision, the U.S. Supreme Court set a standard that a public official’s social media activity could be considered state action only if the official:
(1) possessed actual authority to speak on the State’s behalf, and
(2) purported to exercise that authority when he spoke on social media.

The Court clearly indicated “[w]hile public officials can act on behalf of the State, they are also private citizens with their own constitutional rights.” The Court provided guidance on what public officials could do to do to avoid having their social media pages, and the actions on the same, called into legal question.

Board of Education members and other public employees can assist by making matters clear to the community and courts (if challenged) through:
1. Considering single-use social media (only an official page and only a personal page). The Court highlighted the concern with “mixed-use” social media.
2. Clearly designating social media pages as personal or official.
3. Consider a disclaimer (e.g., “the views expressed are strictly my own”) to create a presumption that posts are personal.
4. Review of policies and actions (i.e. past practice) to consider who is responsible for the official messaging of the board of education.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Career Tech Corner: Pre-employment Drug Tests and Recreational Marijuana

Career Tech Corner: Pre-employment Drug Tests and Recreational Marijuana

by | Mar 20, 2024 | Board Policy & Representation, General

 

Last year in Ohio, recreational marijuana was authorized by initiative petition.  The state is still in the process of creating a regulatory process that will allow marijuana dispensaries to sell recreational marijuana in addition to medical marijuana.  This is currently predicted to be rolled out in fall 2024. 

 Does your CTC have a pre-employment drug testing policy?  CTC education, occurring in lab and sometimes offsite environments differs in many respects from traditional school districts.  This includes unique risks regularly encountered in lab programs.  Due to some of those unique risks, which include operating heavy equipment, managing volatile compounds, working with sharp objects, and much more, ensuring safety for staff and students is paramount. 

 The law on medical marijuana reinforces an Ohio employer’s right to prohibit the use of marijuana and require a drug-free workplace.  None of the language enacted with the medical marijuana law has changed at this point as it relates to the recreational sale of marijuana. 

 Marijuana is still a Schedule I prohibited substance at the federal level, but there is reason to believe this may change in the near future.  In August 2023, the Department of Health and Human Services (HHS) recommended that marijuana be reclassified from a Schedule I prohibited substance to Schedule III.  This was taken under advisement by the Drug and Alcohol Enforcement Agency (DEA).   In January 2024, a group of senators petitioned the Biden administration to remove it as a scheduled substance altogether.  While this seems unlikely, it is possible that a change in how marijuana is classified at the federal level could happen in the near future.  Changing the schedule of marijuana would affect interstate commerce, and production, and may affect how employers may enforce workplace rules.

 In order to ensure that potential CTC employees are able to effectively supervise, use, and teach career-technical programming involving labs and heavy equipment, they must not be under the influence of prohibited substances.  Pre-employment drug testing sends a message of the expectations of the employer and provides an initial assurance that the employee is not a current user of prohibited substances.  It may result in some self-selection as candidates may not apply if they are recreational or medical users of marijuana.

 There are some special considerations and inherent risks for career technical education in terms of labs and programs offered, and as such, may merit consideration of a pre-employment drug testing policy.  Contact the EB CTC practice team if you would like to discuss this.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AI Generators: Appropriate and Responsible Use of Technology

AI Generators: Appropriate and Responsible Use of Technology

by | Feb 19, 2024 | Board Policy & Representation, General

Educators are just beginning to scratch the surface on the utility of incorporating artificial intelligence (“AI”) in their work lives. AI is here to stay but educators must exercise caution in its use in order to satisfy legal and professional obligations.

 As stated by Scott Pelley on the April 16, 2023, edition of 60 Minutes, “We may look on our time as the moment civilization was transformed as it was by fire, agriculture, and electricity.” While a seemingly hyperbolic statement, those who have explored using AI will attest to the exciting possibilities and potential efficiencies.

From a legal standpoint, among other things, privacy concerns must be kept in mind. The Family Educational Rights and Privacy Act (“FERPA”) mandates the protection of personally identifiable information that is maintained in education records and includes direct identifiers, such as a student’s name or identification number, indirect identifiers, such as a student’s date of birth, or other information which can be used to distinguish or trace an individual’s identity. When working with AI, educators must not upload personally identifiable information.

From a professional responsibility standpoint, the unmonitored use of AI could jeopardize an educator’s license. The Licensure Code of Professional Conduct for Ohio Educators requires the “appropriate and responsible use of technology.” The ninth principle mandates as follows: “Educators shall always use technology, electronic communications, and social media in a responsible and professional manner and appropriately safeguard the unauthorized use or access to electronic devices and data entrusted to them.”

One should keep this ninth principle in mind when utilizing AI. People are learning a difficult lesson that AI “hallucinates.” In other words, it makes things up. High-profile instances have occurred wherein attorneys have blindly copied AI generated text into their briefs, only to find that AI hallucinated the fictitious case law it produced. An efficient shortcut has resulted in damaged reputations and sanctions.
Individuals with a license, such as educators, must monitor the AI output that goes into their work product. Failing to do so could result in legal liability and could potentially amount to conduct unbecoming an educator.

Feel free to contact Ennis Britton if you have any questions about the legalities and professional obligations in utilizing AI. Be sure to catch our presentation AI Generators: The Good, The Bad, The Ugly at the COSSBA Annual Conference in Dallas, Texas on February 24, 2024 and BASA Ohio on March 20, 2024.

*Image was AI-generated using RF123.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Distinguishing Discussions from Meetings and Informal Consensus from Formal Decisions

Distinguishing Discussions from Meetings and Informal Consensus from Formal Decisions

by | Feb 19, 2024 | Board Policy & Representation, General

On January 16, 2024, the Eleventh District Court of Appeals decided the appeal of a frequent litigant and once again weighed in on the Ohio Open Meetings Act. In State of Ohio ex rel. Ames v. Portage Cty. Bd. of Commrs., 2024-Ohio-146, the court affirmed the granting of summary judgment in favor of the Portage County Board of Commissioners (“Board”) and dismissed the case. In the case, Ames alleged that the Board committed numerous violations of R.C. 121.22, the Ohio Open Meetings Act (“OMA”).

Among other things, the court made it clear that not every conversation constitutes a meeting subject to the OMA. In his Complaint, Ames alleged that a majority of the Board, two members, discussed the employment of the county’s director of budget and finance prior to the meeting. The two commissioners admitted to having an impromptu, brief discussion prior to the meeting.

The court highlighted that the OMA defined “meeting” as “any prearranged discussion of the public business of the public body by a majority of its members.” R.C. 121.22(B)(2). In affirming the granting of the motion for summary judgment, the court stressed that the meeting was not “prearranged.” The court held that the OMA does not prohibit impromptu discussions between a majority of board members.

Additionally, the court provided guidance on permitted procedures for executive session. Ames alleged that the Board violated the OMA by deciding to discharge the director of budget and finance during executive session. To support his allegation, Ames relied upon a commissioner’s statement, immediately after executive session, that the Board was dismissing the director. Ames concluded that the statement showed that the Board reached an impermissible collective decision during executive session.

Rejecting this contention and affirming the granting of the motion for summary judgment, the court of appeals noted that the OMA does not preclude the Board from reaching an informal consensus during executive session. So long as formal action is taken in an open meeting of the public body, no violation of the OMA occurs.

The case underscores two points. First, caution must be exercised to comply with the OMA. Activist litigants may put your processes to the test. Secondly, if caution is exercised and the procedures are followed, public entities can successfully defend against such claims.

Appeals Court Upholds Denial Of Benefits for Employee who Resigned Without Just Cause.

Appeals Court Upholds Denial Of Benefits for Employee who Resigned Without Just Cause.

by | Feb 19, 2024 | General, Labor and Employment

Gbortoe v. Dir., Ohio Dept. of Job & Family Servs., 2023-Ohio-4844

The Tenth Circuit Court of Appeals (Franklin County) upheld a denial of benefits to an employee who quit work after receiving only a written disciplinary letter.

According to the employee, he resigned his position after “an incident regarding another individual’s gender preferences.” In his telling, he had a phone conversation in which he welcomed a newly promoted member of the team. The employee testified there was no discussion of gender preferences during that call, and it was not until the following week that a different coworker informed the employee about the newly promoted employee’s gender pronouns. The employee responded to this coworker’s comment, expressing he was “not interested” in that topic and he “[does not] believe in that.” That comment led to corrective action meetings with company leadership. In one of the meetings, the employer informed the employee he would receive a disciplinary warning for his conduct.

The manager testified that the employer received a complaint about the employee after he audibly opined the newly promoted employee was not capable of succeeding in their new role. The employer accused the employee of violating the code of conduct by vocalizing his opinion loudly enough to be audible around the office. The manager explained that the employee was issued a written warning, but his job was not in jeopardy at the time of his resignation. In part, the written warning admonished the employee as follows: “You must demonstrate consistently appropriate behavior in the workplace going forward in accordance with [employer’s] Code of Conduct. Failure to do so may result in further corrective action, up to and including termination of employment.”

The employee lost at all levels before the Unemployment Compensation Review Commission and then filed an appeal to the Court of Common Pleas. To no one’s surprise, except perhaps the employee, the Court upheld the Commission’s denial. The employee appealed.

The Court of Appeals held that the employee failed to prove he was entitled to unemployment benefits. “Although he contends his employer created a hostile work environment and threatened to fire him, the record shows employer merely issued [employee] a written warning admonishing him for his behavior. Although the warning noted the employer could impose future sanctions up to and including firing for continued inappropriate workplace behavior, it did not threaten [employee’s] employment status.

What this means for your District
From time to time to time, employees quit and then claim they were threatened with termination or were “constructively discharged,” essentially leaving them with no choice but to resign.

An employee who resigns from employment with good case to do so can obtain unemployment benefits. Such good cause might be the existence of work conditions that are a danger to health and safety when the employer refuses to fix the conditions after being notified (constructive discharge), or the employee was given the option to resign or be fired, and resigned under circumstances where the employer had no cause to terminate employment, If an employee resigns in lieu of being terminated, the Unemployment Commission will analyze whether the employer had just cause to terminate in the first place.

Where here, the employer is not threatening to terminate the employee unless he resigns, and did not refuse to mitigate unsafe working conditions, the employer will be able to defend against the claim for benefits. Make sure you are always documenting the circumstances of an employee’s separation so that you will have evidence to establish what the truth is.