No Child Left Alive, a book authored by then-teacher Randy Turner, is at the heart of the lawsuit reopened by a Joplin, Missouri judge earlier this month. According to Turner, the title is merely a play on words, and the book is a satire on the state of public education in the United States.

Randy Turner wrote No Child Left Alive while he was a teacher at East Middle School in Joplin, Missouri. The book contains sexual situations and profane language. Turner never mentioned the book in class, but he did use social media outlets to promote his book, and some of those outlet circles included his students. Also, he promoted this book on his blog, which had been formerly used to post homework assignments prior to publishing this book.

Teacher Terminated for Immoral Policy Violations

There was a termination hearing by the school board on May 23, 2013. The district administrators accused him of engaging in immoral conduct. The board concluded that no evidence against Turner rose to the level of immoral conduct, but they were going to fire him anyway based on nine violations against school policy, such as staff conduct, technology usage, teachings on human sexuality, staff conflict of interest, and student publications.

Statute of Limitations Began to Run at Board Vote, Not Termination Hearing

Turner’s attorney filed a lawsuit for wrongful termination against numerous members of the district, in violation of Turner’s First Amendment right to free speech on June 6, 2018. Turner wanted his job back, including all of the seniority and back pay lost during the five years he had been terminated. The statute of limitations for such a filing is five years. The judge in the original case dismissed the lawsuit, claiming the statue to limitations expired on May 23, 2018, based on the date of the termination hearing.

If you feel that you or someone you love has been unfairly terminated from work based on first amendment rights, contact a local employment attorney. Your right to free speech is based on the United States Constitution. Any employment policy that impinges on that right can be challenged.

Related Resources:

  • Find an Employment Attorney Near You (FindLaw’s Lawyer Directory)
  • Freedom of Speech at Work: Top 5 Questions (FindLaw Law and Daily Life)
  • ‘Liking’ Racist Social Media Posts Can Be Grounds for School Suspension (FindLaw Decided)

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