Although teacher contracts may have an end date, it is important to be aware of the employment expectations these contracts create. How to effectively structure the teacher review process The differences between teacher employment and traditional business employment Common pitfalls of year-to-year contracting Best practices in teacher-employer relationships Using the contract renewal period to the school's advantage

1. T he Myths and
Mistakes of
Year-to-Year
Teacher
Contr acts
Patrick L. O’Neil
Michael J. Neary
Lerch, Early & Brewer, Chtd.
www.lerchearly.com
January 30, 2014

2. Overview
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Contracts
Primary Laws Protecting Employees
Handbook
Year-to-Year Contracts
How to Improve Contracts
Managing Problems
Next Steps
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3. W hat is an Employment
Contr act?
 What will the employee do?
 What will the employer give in
return?
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4. Ter ms
 How long?
 How much?
 What if something goes wrong?
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5. Contr actual Relationship
AtWill
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is
t-will
A
the
in
fault
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rylan
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6. Employment Types
Contractual
At-Will
 Specifies
 Does not
length
 Limits
employer’s
ability to
terminate for
cause
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specify length
 Can be
terminated
without notice
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7. Ter ms Outside of Contract
Included Automaticall y
 Common law: implied by custom
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and usage (general, wellestablished practice)
Other laws protecting employees
School policies created by the
handbook (such as severance)
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8. Common Law Duties
Employee
 Loyalty
 Refrain from bad
Employer
 Pay compensation
 Don’t place
words or behavior
employee in harm
 Exercise skill
 No wrongful
discharge
 Protect trade
secrets
 Regularly report to
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work
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9. Laws Protecting Employees
 Federal
 State
 Local
For handout of protected classes
(Federal, Maryland, DC, Virginia)
contact Anne Core at
ascore@lerchearly.com
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10. Handbook
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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 not
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11. Other Written Policies
 Computer use
 Social media
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12. Year-to-Year
 Why do you have year-to-year
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contracts?
What if you don’t?
For all, or for high-level
management?
Renewal provisions
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13. How to Impr ove Your
Contr acts
 Make for cause provision
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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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14. 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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15. Managing the Problem
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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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16. Delivering the Messa ge
 No surprises
 It’s the performance, not the
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person
Skills of person don’t match
needs of position
Show compassion
Allow the teacher to keep his/her
dignity
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17. Steps for You to Take
Tomor row
For checklist, contact Anne Core at
ascore@lerchearly.com
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18. Speaker s
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(301) 657-0738
ploneil@
lerchearly.com

(301) 657-0740
mjneary@
lerchearly.com
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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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19. For mor e infor mation
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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