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McCormick v. Lake Washington School District12/6/1999
Laurie McCormick appeals a summary judgment order dismissing her claims based on her termination from employment at Lake Washington School District. Board approval and a written contract are required for teacher employment. Because of a negative reference check, McCormick received no written contract offer or Board approval, but she claims that a District representative with apparent authority to hire her made a verbal offer of employment and induced reliance that created employment by estoppel. As an experienced teacher in the state, McCormick knew or should have known that a written contract and Board approval was required. Because she is not entitled to rely, the court affirms the trial court's summary judgment order.
FACTS
Appellant Laurie McCormick is a certified teacher in Washington. McCormick has worked in her profession since September of 1979. She was employed by respondent Lake Washington School District (District) between September 8, 1994 and October 6, 1994.
McCormick applied for a contractual position as a half-time special education teacher with the District in August 1994. McCormick claims that she did not apply for a substitute teaching position. McCormick filled out the "Certificated Application Form," not the "Application for Substitute Teaching" form. But, during the application process, Carol Stolz, the Personnel Employment Coordinator for the District, completed a "Certificated Employment Requisition" form indicating that McCormick was a substitute teacher.
The District interviewed McCormick twice. Becky Anderson, a coordinator of special services for the District, interviewed McCormick first, followed by Tim Stonich, the Athletic Director. After the interviews, Anderson asked McCormick: "Do you still want the job?" She answered "yes." Anderson asked McCormick to call Linda Whitehead, the principal at Evergreen Junior High School in Redmond. McCormick called and introduced herself as the new half-time special education teacher. McCormick ceased her job searches with two other school districts because of her new job.
McCormick was in the classroom teaching during the first two weeks of school and her name appeared on a master-scheduling list that included permanent teachers but not substitutes. McCormick was paid substitute wages. Anderson had told McCormick that she would receive substitute wages until the paperwork was all filled out and processed. McCormick never signed a written contract and did not receive any benefits.
McCormick provided references from past employers. Anderson contacted those references and McCormick received a negative recommendation.
McCormick was not recommended to the District's Board of Directors because of negative references. McCormick was offered the opportunity to serve as a substitute until a permanent position was filled, but did not accept.
McCormick filed a lawsuit against the District on October 2, 1997, based on the following arguments: (1) wrongful termination, adverse action and employment contract violation; (2) violation of procedural due process rights; and (3) negligent and tortious conduct. The District filed a motion for summary judgment on June 18, 1998, claiming that McCormick did not have a contract and was never a permanent employee of the district.
McCormick then filed a supplemental declaration on July 13, 1998. The declaration contained facts not presented in the deposition. The District filed a motion to strike McCormick's supplemental declaration, but the motion was not granted. The trial court granted the District's motion for summary judgment on July 24, 1998, making no specific findings. The trial court den
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