Tucker

Tucker v. Grossmont Union High School District

Good Law
168 Cal. App. 4th 640·2008 Cal. App. LEXIS 2280·85 Cal. Rptr. 3d 527·28 I.E.R. Cas. (BNA) 728
Court of Appeal of CaliforniaOctober 28, 2008D050266California2,606 words

Opinion

Opinion

O'Rourke, J.

Grossmont Union High School District (District) appeals an order granting an extraordinary writ to require District to reemploy Charles Joseph Tucker, Jr., in preference to new applicants for any available position with District for which Tucker applies and for which he is qualified. District contends under the plain meaning of relevant statutes Tucker does not have reemployment rights to positions outside of the class from which he was laid off. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Tucker began working for District in 1982 as a general maintenance worker and after one and one-half years was promoted to maintenance supervisor. He left District’s employ from 1988 until 1996 during which time he worked for another school district and earned an MBA. In 1996 Tucker returned to work for District and held the position of director of maintenance and operations. He later assumed additional responsibilities in connection with the building of a new high school and compliance with the Americans with Disabilities Act of 1990 (PubJL. No. 101-336 (July 26, 1990) 104 Stat. 327 ), and some of his former responsibilities were delegated to others. His job title…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.