Saundra Thompson v. Memphis City Schools Board of Education

OPINION

CORNELIA A. CLARK, J„

delivered the opinion of the Court,

in which GARY R. WADE, C.J., JANICE M. HOLDER, WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., joined.

We granted this appeal to determine whether a tenured teacher’s failure to return from sick leave amounts to a constructive resignation or a forfeiture of tenure. We hold that, although a tenured teacher’s failure to return from sick leave may constitute cause for termination, there is no statute authorizing a board of education to deem it a constructive resignation or a forfeiture of tenure. Accordingly, by dismissing the plaintiff…