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McCormick v. Lake Washington School District12/6/1999
ere, the District did not take action that indicated Anderson had apparent authority to hire as a permanent versus substitute teacher. Between September 8 and October 6, 1994, McCormick received substitute wages and did not receive any benefits. Anderson, the agent, cannot unilaterally bind the District, the principal. More importantly, the Board never approved McCormick's employment. The Board hires by written contract. McCormick received her professional education certificate in 1983. She worked as a certificated teacher between 1984- 1993. McCormick has also worked as a substitute for a number of school districts in the state. She therefore should have been familiar with the public school hiring procedure. McCormick therefore should have known that a written contract is required and that she could not rely on the alleged oral offer of permanent employment.
WRONGFUL TERMINATION
McCormick's wrongful termination claim turns on whether she was a permanent employee. She says the District hired her as a permanent teacher, not a substitute. McCormick claims her employment was wrongfully terminated and that her contract was violated.
Wrongful termination assumes lawful employment. McCormick was employed with the District between September 8, and October 6, 1994. McCormick never signed a written contract. The Board never met to discuss her employment as required by statute. McCormick's argument that she was a permanent teacher is based solely on Anderson's representations. Because Anderson had no statutory authority to hire, McCormick was not a permanent employee, but a substitute teacher. Even if we accept McCormick's statement in her declaration that Anderson "revoked" the offer of permanent employment, there is no issue of material fact regarding whether McCormick was wrongfully terminated. Absent a written contract, McCormick was employed "at will" and may therefore be terminated "at will." Since there was no Board approval of a written contract, we must uphold the trial court's order for summary judgment.
DUE PROCESS
McCormick claims that her due process rights were violated. Whether McCormick's due process rights were infringed turns on her employment status.
A unilateral expectation of employment does not create a due process right. Board of Regents of State Colleges v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 33 L.Ed.2d 181 (1972). Contractually certified teachers, however, have certain statutory safeguards. RCW 28A.405.210 requires notice and opportunity for hearing in the event an "employee{'s}" contract is not renewed.
McCormick relies on several cases in arguing that she has more than a unilateral expectation of employment. See Francisco v. Board of Directors of the Bellevue Pub. Schs., Dist. No. 405, 11 Wn. App. 763, 771-72, 525 P.2d 278 (1974); State ex rel. Beam v. Fulwiler, 76 Wn.2d 313, 316-17, 456 P.2d 322 (1969); Hurst v. Farmer, 40 Wn. App. 116, 697 P.2d 280 (1985). Francisco and Beam are easily distinguished from this case because there the employees were hired with Board approval. The facts in Hurst are also different. In Hurst the defendant was a private employer. The court held that plaintiff was not deprived of due process because there was no state action.
Here, McCormick's dealings with Anderson, not the Board, caused her to believe that she was a permanent employee and not a substitute. McCormick was a substitute teacher employed "at will." As an "at will" employee she is not entitled to due process as a matter of law, and therefore summary judgment was proper.
NEGLIGENCE AND NEGLIGENT MISREPRESENTATION
McCormick argues that genuine issues of material fact exist
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