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  1. #11
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,488

    Default Re: Non-Tenured Public School Teacher Terminated for Performance

    Google, at-will employment.

    Obviously we do not have all the facts here; nor have we read your CBA. But in 49 out of 50 states, employment can be severed at any time by either party for any reason except one specifically prohibited by law, and even in the 50th state I'm not convinced that refusal to renew an expired contract would qualify as an illegal reason. It's definitely not an illegal reason in the 49 so-called at will states.

    That's why your only recourse is through your union. There simply is not a law in NJ, or any other state for that matter, that requires that they renew your contract when it is up. That's why it's not illegal; because there isn't a law that says they can't do what they're doing.

  2. #12

    Default Re: Non-Tenured Public School Teacher Terminated for Performance

    thanks cbg - I need to look at the CBA closely and see how that ties in (if at all) with the training and due process procedures maintained by the school (public school). I guess I really need to understand how the tenured teacher laws are administered so I can understand what is different for the non-tenured teacher. I think there might be a little more protection to my job than any at-will employee with a term contract.. When I asked my Union lawyer what they did that was illegal, he said they acted in "bad faith" in terminating me (this term for performance has also left me somewhat scarred because my performance reviews (written after the decision to terminate) were somewhat negative and I need these reviews for job references). I guess I have to google "bad faith" too. Google Scholar has very little case law for Appeals of the lower Court. I would be content to walk away without the bad reviews they wrote.

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