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Understanding Employment Law in Higher Education

Explore the dynamics of the employment relationship in colleges and universities, covering at-will employment, contractual agreements, adjunct faculty management, and enforcement of workplace policies.

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Understanding Employment Law in Higher Education

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  1. Employment Law and Human Resources Management in Higher Education

  2. Section Two The Employment Relationship

  3. The College and University Workplace Wide Array of Employment Relations • At-Will Employees • Employment Contractual Relationship • Independent Contractors • Part-time and Temporary Workers • Volunteers

  4. At-Will Employment • Major Concept in American Employment Law • Impacts job security • Allows employers to terminate Employment at their discretion and allows Employee to cease working if he or she chooses to • The At-Will Doctrine has undergone erosion as a result of the following: • By Contract – express modification, written and oral • Tortious conduct by the parties • Imposed Good Faith limitations

  5. At-Will Employment • Employment Not At-Will where parties have enforceable contract • At-Will employment may be subject to certain Public Policy Exceptions • Can’t fire employee for refusing to act unlawfully • Employees protected for performing lawful duties, i.e. Jury duty, responding to a subpoena, etc. • Acting as a Whistleblower

  6. Contractual Employment Agreements Teaching Contracts for a term of years of renewable or non renewable provision Tenure-Track Contracts Performance Provisions and Due Process obligations Statute of Frauds • Some contracts have to be in writing to be enforceable • Oral employment agreement for more than 1-year

  7. Contractual Employment Agreements Employment Contracts- important features Termination procedures - Senior Executives, Coaches and other highly compensated personnel. Just Cause provisions – often designed to arbitrary decision-making and to ensure that supervisors have a legitimate reason for termination. How important is a written agreement? - Job security concerns often necessitate the importance of a written agreement – avoid statute of frauds issues

  8. Employment Manual and Handbooks • Reinforcing the At-Will relationship • Defining workplace rules • Disciplinary procedures • Human Resources Policies • Acknowledgment Statement

  9. Adjunct Faculty • The growing Contingent Faculty is as tremendous reality • Major Concerns: Wages & Benefits, Working Conditions and Teaching Quality • Managing this segment of the workforce: • Monitor teaching load • Student outcomes and evaluations • Foster link with full-time Tenured Faculty

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