By Tom Pabst and Jarrett M. Pabst
Many people think that only an “employee” of a defendant employer has “standing” to sue defendant employer for violations of our Civil Rights laws. In fact, a whole cottage industry of labor broker entities to service charter schools has developed around this very belief that only “an employee” of the defendant employer can sue.
Here is how the quasi-legal ploy to evade Civil Rights laws works when it comes to a charter school. First, the superintendent/principal is hired by a labor broker entity and, on paper, that labor broker entity is the “employer” of the superintendent/principal. Second, the superintendent/principal is “assigned” to a charter school where his day-to-day job performance is supervised by the charter school’s board of directors, and often the state university issuer of the charter.
It is not uncommon to see a charter school with 300 to 500 students operating without a single “employee” on its payroll. That’s because the school’s normal human resource department functions have been “siloed” and delegated to the labor broker entity. When the superintendent/principal “blows the whistle” on illegal activity, or gets too old, the charter school, and often the state university issuer of the charter, simply informs the labor broker to “reassign” the superintendent/principal. Then, when the superintendent/principal sues the charter school, and perhaps even the issuer, they both claim “not my employee”, and “I’m not plaintiff’s...
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