year-to-year teacher contracts - how schools can avoid mistakes

The Myths and Mistakes of Year-to-Year Teacher Contracts

January 30, 2014

Patrick L. O’NeilMichael J. Neary

Lerch, Early & Brewer, Chtd.

www.lerchearly.com

© Lerch, Early & Brewer, Chtd. 2014 www.lerchearly.com

Contracts Primary Laws Protecting Employees Handbook Year-to-Year Contracts How to Improve Contracts Managing Problems Next Steps

Overview

2


What is an Employment Contract?

What will the employee do? What will the employer give

in return?

3


Terms

How long? How much? What if something goes

wrong?

4


Contractual Relationship

5

At-Will At-will is

the

default in

Maryland


Employment Types

Specifies lengthLimits employer’s ability to terminate for cause

Does not specify length

Can be terminated without notice

Contractual At-Will

6


Terms Outside of Contract Included Automatically

Common law: implied by custom and usage (general, well-established practice)

Other laws protecting employees

School policies created by the handbook (such as severance)

7


Common Law Duties

Loyalty Refrain from bad

words or behavior Exercise skill Protect trade

secrets Regularly report to

work

Pay compensation

Don’t place employee in harm

No wrongful discharge

Employee Employer

8


Laws Protecting Employees

Federal State LocalFor handout of protected classes

(Federal, Maryland, DC, Virginia) contact Anne Core at [email protected]

9


Handbook

School’s standards of conduct and expectations

Expectation of a term of employment if not crafted carefully

Sets discipline process Follow the rules or explain why

not10


Other Written Policies

Computer use Social media

11


Year-to-Year

Why do you have year-to-year contracts?

What if you don’t? For all, or for high-level

management? Renewal provisions

12


How to Improve Your Contracts

Make for cause provision favorable to school

Make decisions in good faith Don’t limit yourself Spell out how termination

happens at the middle or the end

13


Avoid Liability for Non-Renewal

Assume you will be challenged

Be aware of the risks Do not avoid problems all

year Manage the problem

14


Managing the Problem

Build a solid foundation Set performance expectations Performance evaluation protocol Train managers and supervisors Document, document, document Plan in advance Consistency

15


Delivering the Message

No surprises It’s the performance, not the

person Skills of person don’t match

needs of position Show compassion Allow the teacher to keep

his/her dignity16


Steps for You to Take Tomorrow

For checklist, contact Anne Core at [email protected]

17


Speakers

Patrick O’Neil is an attorney at Lerch, Early & Brewer who serves as outside general counsel for independent schools throughout Maryland and the District of Columbia.

Michael Neary is an employment and litigation attorney at Lerch, Early & Brewer who counsels businesses, private schools, nonprofits, and religious organizations on how to comply with the laws governing the workplace.

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(301) [email protected]

(301) [email protected]


For more information

Lerch, Early & Brewer, Chtd.3 Bethesda Metro Center, Suite 460

Bethesda, MD 20814(301) 986-1300

www.lerchearly.com

Thank you for your participation

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year-to-year teacher contracts - how schools can avoid mistakes

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