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
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Contracts Primary Laws Protecting Employees Handbook Year-to-Year Contracts How to Improve Contracts Managing Problems Next Steps
Overview
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What is an Employment Contract?
What will the employee do? What will the employer give
in return?
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Terms
How long? How much? What if something goes
wrong?
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Contractual Relationship
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At-Will At-will is
the
default in
Maryland
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Employment Types
Specifies lengthLimits employer’s ability to terminate for cause
Does not specify length
Can be terminated without notice
Contractual At-Will
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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)
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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
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Laws Protecting Employees
Federal State LocalFor handout of protected classes
(Federal, Maryland, DC, Virginia) contact Anne Core at [email protected]
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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
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Other Written Policies
Computer use Social media
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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
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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
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Avoid Liability for Non-Renewal
Assume you will be challenged
Be aware of the risks Do not avoid problems all
year Manage the problem
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Managing the Problem
Build a solid foundation Set performance expectations Performance evaluation protocol Train managers and supervisors Document, document, document Plan in advance Consistency
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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
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Steps for You to Take Tomorrow
For checklist, contact Anne Core at [email protected]
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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]
© Lerch, Early & Brewer, Chtd. 2014 www.lerchearly.com
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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