# Young v. McLeod

> Court of Civil Appeals of Alabama · June 28, 2002 · 841 So. 2d 268

URL: https://www.frixlaw.com/law-library/cases/9933462

## Case

- **Full name:** Dr. Linda Young, in Her Official Capacity as President of George C. Wallace State Community College and George C. Wallace State Community College v. John McLeod.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** June 28, 2002
- **Citations:** 841 So. 2d 268; 2002 WL 1398016
- **Precedential status:** Published
- **Opinion:** Concurrence by Murdock
- **Judges:** Crawley, Murdock
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9933462

## Opinion text

I concur in the result reached by the main opinion simply because, in my view, Ex parte Clayton , 552 So.2d 152 (Ala. 1989), directly controls the outcome of this case. Neither Clayton nor the Fair Dismissal Act draws any distinction in the operation of that Act as between teachers and nonteachers. Section 36-26-101 describes only one probationary period for employees subject to the Fair Dismissal Act. Ex parte Clayton holds that that period — three years — need not be continuous or consecutive. 552 So.2d at 154 -55 .
As the majority notes, the Fair Dismissal Act is applicable to the employee in this case, McLeod, because that is the law of this case. The issue of whether McLeod, as a teacher at a junior college, would be governed by the Fair Dismissal Act, and therefore by the Supreme Court's holding in Clayton , if the applicability of the Fair Dismissal Act to McLeod was not the law of this case, is an issue not presented to this court at this time.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9933462. Public record. Not legal advice.