Sherman v. School Committee

First discharged in a “reduction in force” (RIF), then rehired, then fired again, Sherman correctly claims that he was entitled, under Ripley v. School Comm. of Norwood, 389 Mass. 610, 612-616 (1983), to the status of a tenured public school teacher (see G. L. c. 71, § 41) at the time of his second discharge. A judge of the Superior Court determined that the Whitman school committee, in dismissing Sherman, violated G. L. c. 71, § 42, by failing to furnish Sherman with any statutory ground for discharge. Accordingly, the judge ordered Sherman’s reinstatement and $105,854 in back pay.

Facts. We…