Cleary Giacobbe Alfieri Jacobs Successfully Defends Board in Dispute Over Teacher’s Resignation Date

On December 4, 2025, the New Jersey Commissioner of Education issued a Final Decision in Laura Richards v. Livingston Board of Education, Essex County, affirming the Initial Decision of the Administrative Law Judge in favor of the Board.

After Richards, a teacher, was appointed to a position at another school district at a public meeting, the Board’s Director of Human Resources initiated a communication with Richards regarding her last day at work. Richards’ employment contract with the Board contained a 60-day mutual termination provision. Upon learning of Richards’ appointment to the other district, the Board’s Director of Human Resources contacted Ms. Richards to determine a mutually agreed upon last date of employment, as Richards had not yet notified the Board of her appointment at the new district. Richards then accepted the Board’s good faith suggestion of December 22, the last day of school prior to winter recess. as an effort to preserve education continuity, and a date more than 60 days after her appointment at the new district. Subsequently, Richards filed a Petition of Appeal, arguing the Board unilaterally set her resignation date and that she should have been able to initiate the 60-day provision which would have paid her through the winter recess. Our firm filed a motion for summary decision to dismiss the Petition. The Commissioner upheld the Board’s action, determining that Richards had agreed to resign on December 22 and it was not a violation of her rights for the Board to accept that resignation.

Arsen Zartarian, Esq. handled the case on behalf of the Livingston Board of Education.