Carter v. Baldwin County Bd. of Educ.

This is an employee termination case.

Employees filed an action against the Baldwin County Board of Education (Board) claiming violations pursuant to the Fair Dismissal Act, §§ 36-26-100 through -108, Code 1975 (1987 Cum.Supp.) (Act). Following an ore tenus proceeding the Circuit Court of Baldwin County ruled in favor of the Board. The employees appeal. We reverse.

The pertinent facts are that the Board, having been advised of the opinion in Garcia v. San Antonio Metropolitan TransitAuthority, 469 U.S. 528, 105 S.Ct. 1005, 83 L.Ed.2d 1016 (1985), which subjected certain Board personnel to the…