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1 N.J.A.R. 196

Vexler, Adele v. Red Bank, Monmouth County, Board of Education of the Borough of
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Citation: 1 N.J.A.R. 196
Decision Date: 1980
Agency: DEPARTMENT OF EDUCATION
Synopsis: Petitioner refused the offer of a part-time school psychologist position when her full-time psychologist position was legally and properly abolished. The Board contends that her refusal constitutes abandonment of her tenure entitlement, and a waiver of the right of priority employment described in N.,LS.A. 18A:28-12. The administrative law judge adopted the common law principle which requires that a discharged employee bear the burden of mitigation. In discharging this burden, the employe does not need to seek or accept a position of lesser rank or at a reduced salary. Since petitioner was under no obligation to accept the part-time employment, she is in the same position as she would have been had the part-time position not been offered, and thus she was free to take no employment whatever or to take other employment without waiver of seniority rights. The Board was ordered to establish a preferred eligible list for the position of full-time school psychologist and to notify petitioner of her place on the list if the position becomes available. David A. Knapp, Esq. for Petitioner Martin M. Barger, Esq. for Respondent (Reusille, Cornwell, Mausner and Carotenuto, Attorneys)