Thread: "At Will" Employment

I am in NY.

The "At-Will" part of education law refers to teachers during the probationary status (tenure-track position). At the end of each year of the probationary term, the school can choose to discontinue the tenure-track probation. The school is allowed to grant tenure at any time they wish, generally it is after 3 years. If the district does not grant tenure after 3 years, tenure is automatically granted. Tenure is not a "job for life" as it is sometimes called. It basically provides due process for the tenured teacher.

The one comment I read on the link "The stupidintendent has a right and "WILL" fire you for anything he doesn't like, "insubordination", your personality, your clothes, your age, etc." has some errors. First, termination is not "for anything" , in fact no reason needs to be given. Second, terminating someone based on "age" is against federal law regardless, as are other protected classes. Although proving it would be difficult, if not impossible.



[url=http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$EDN3012$$ @TXEDN03012+&LIST=SEA83+&BROWSER=33129109+&TOKEN=1 9589046+&TARGET=VIEW]NYSlaw[/url]

What role does the union play if a teacher in the union is dismissed for no reason?

TPFKACSW

The details of "at will" employment will vary from one state to another. In Texas, it generally means that one is working without the protection of a legally binding contract. Employment may be terminated by either the employer or the employee, subject to no state or federal laws being broken.

On the other hand, just because something is the law doesn't automatically mean that there are consequences. I suppose Forrest Gump would say "legal is as legal does". So someone can get away with breaking the law if the injured party doesn't take appropriate action.

Originally Posted by TPFKACSW

What role does the union play if a teacher in the union is dismissed for no reason?

TPFKACSW

If the teacher is probationary, not tenured, then the union has no official role. In some districts, the contract might provide for a teacher mentoring program in which case the union is often involved in the mentoring of the probationary teacher.

If the the teacher is tenured then the union will make sure the teacher received due process under the law and according to the contract. The union may also provide an attorney if the case goes to that step.

[url="http://www.highered.nysed.gov/tcert/resteachers/employeremployee.htm"]http://www.highered.nysed.gov/tcert/res ... ployee.htm[/url]

I understand now and thanks for the definitions.

Matter of fact, I was more or less an "at will" teacher twice (not counting my 10 year stint with Juvenile Court, where everyone works at the "pleasure of the judge").

I left my last job in April to go to the prison. I wasn't in the union. Some teachers were pissed off because I left, but the principal I worked for knew that was a "band aid" job for me, was happy I found something secure and doubled my pay and cut my drive by 2/3. I guess I was "at will" there.

And the job I had before that for 7 years that I got RIFed from - although I worked for a consortum and served every school district in the county, no one put me in a union. So when Iraq started for real and the economy went into the dumper, the school districts that chipped in and funded my program started to pull out as their levys failed to save costs. Good bye Charlie!

What's funny (which is kind of off topic) is that my brother was one of the principals of a school that participated in my program. He was at the meeting when all the school districts administrators decided to close the program.

My brother said that every administrator in there - most being superintendents, said that "TPFKACSW has been loyal to us for 7 years, and it's incumbent upon us to find him a position." Lie #1. They just said that to tickle my brother's ears. The rest of the lies came when I indeed DID interview for positions with EVERY school district I served, and every reason they spouted for giving the positions were lies.

Be that as it may, I'm better off now - they did me the favor of my life! But I guess all that points to the idea that I was an "at will" teacher. I know one thing I "never will" do again, and that's apply for a job with those lying ingrates!

TPFKACSW

"At will" employment isn't as one sided in the private sector as some people suggest. In Pennsylvania, people who feel they were unfairly terminated may apply to Labor and Industry for unemployment compensation.

Wrongful termination may also result in law suits filed under federal anti-discrimination statutes. These statutes prohibit firing employees on the basis of the following: race, color, religion, gender, national origin, age, or handicap status. (Reference Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, Rehabilitation Act of 1973, and Americans with Disabilities Act of 1990.)

Although employers in "at will" states don't have to give a reason to employees for their termination, employees also have the option of qutiting without notice.

Our employment is "at will" every year. No tenure in MS and "union" is a dirty word.