New Jersey Attorneys for Non-Tenured Public School Employee Rights

Protecting Teachers, Administrators & Staff Members

Are you employed within the public school system in New Jersey? If so, you’re probably aware of how different your job can be from others. “Teaching staff members” in New Jersey public schools are eligible to obtain “tenure.” Tenure is a statutory right. Having tenure means that a public school employee cannot be dismissed for any reason other than incapacity, inefficiency, conduct unbecoming, “or other just cause.”

 Employees such as principals, business administrators, and assistant superintendents fall within the statutory definition of “teaching staff members.” Before tenure is obtained, a teaching staff member must have his or her employment renewed or non-renewed by May 15 of the school year. a Superintendents must be provided with a notice of nonrenewal at least one year prior to the expiration of their existing 3 to 5 year contracts, which expire on July 1st.

Resolving Employee Contract Renewal Disputes

Renewal of teaching staff member’s employment requires the recommendation of the school’s chief administrator and the board of education’s (BOE) vote. The BOE may not withhold its approval for arbitrary and capricious reasons. Like all employees in New Jersey, a teaching staff member cannot lose his or her job for a reason that violates the New Jersey Law Against Discrimination (NJLAD), and other anti-discrimination laws. For example, public school employees may find themselves confronted with the following issues:

• Disability and Race Discrimination
• FMLA Interference and FMLA Retaliation
• Sexual Harassment
• Wrongful Termination
• Whistleblower Retaliation
• OSHA Violations

Non-tenured teaching staff members can be released for many reasons, but none of those reasons can be one that discriminates on the basis of the employee’s membership in protected class. Protected classes in New Jersey include, but are not limited to, race, religion, national origin, gender, sexual orientation, gender identity, disability status, and more.

Should you encounter any issues with the renewal of your employment, we can advocate for your rights. Policies such as this work both ways – that means you should expect administrators at the school and district levels to abide by them. The challenges you can face when your employer violates your rights at work can be different, too. If you need an advocate to help you meet these challenges head-on, reach out to us and our dedicated attorneys for legal counsel.

Get started by contacting us online or by calling (856) 746-6332 now. 

Common Challenges Faced by Non-Tenured Public School Employees

Non-tenured public school employees in New Jersey face unique challenges that can impact their job security and career progression. Without tenure, they are more vulnerable to employment decisions that may not be based on merit. However, New Jersey law provides several protections for these employees, ensuring that any non-renewal or termination is justified and non-discriminatory. Common challenges include:

1. Arbitrary Non-Renewal Decisions

Non-tenured employees are vulnerable to non-renewal of their contracts. However, the decision to not renew must be based on legitimate reasons. If an employee’s contract is not renewed for arbitrary or discriminatory reasons, they may have grounds to challenge the decision. For example, if personal biases or political motivations play a role in the non-renewal, the employee can seek legal recourse.

2. Contractual Rights

Senior administrative staff like superintendents and principals often have contracts that outline specific terms for non-renewal or termination. If the district fails to follow the terms of these contracts—such as failing to provide proper notice or performance reviews—the employee may have legal grounds for a breach of contract claim. Protecting these contractual rights is crucial for non-tenured employees in leadership roles.

3. Collective Bargaining Rights

Employees who are part of a union or have collective bargaining agreements (CBAs) may have additional protections against unfair dismissal or non-renewal. These agreements provide guidelines for evaluations, grievances, and disputes over employment decisions. Employees should ensure that their union rights are upheld, and consult an attorney to review their CBA if necessary.

When Can Non-Tenured Employees Be Terminated?

While non-tenured employees lack tenure protection, they are still entitled to protection from wrongful termination. The following are some situations where non-tenured employees cannot be legally terminated:

1. Retaliation for Reporting Violations

Employees are protected against retaliation for reporting illegal activities or safety violations within the school. If an employee is terminated after reporting misconduct or safety issues, they may have grounds for a whistleblower retaliation claim under New Jersey law.

2. Violation of Employment Rights

Non-tenured employees cannot be terminated based on discriminatory reasons, such as race, gender, or disability status. They are also protected under laws like the Family and Medical Leave Act (FMLA), ensuring that they cannot be dismissed for taking approved leave.

If you are facing challenges with non-renewal or wrongful termination, it’s essential to consult with a lawyer to protect your rights and ensure fair treatment.

Frequently Asked Questions (FAQ)

1. What is tenure, and how does it protect public school employees in New Jersey?

Tenure is a statutory right granted to certain public school employees, including teachers, principals, and administrators. Once a public school employee achieves tenure, they are protected from dismissal unless it is for specific reasons such as incapacity, inefficiency, conduct unbecoming, or other just cause. Tenure helps ensure job security and protection from arbitrary termination.

2. What happens if a non-tenured employee's contract is not renewed?

If a non-tenured employee’s contract is not renewed, the school district must provide a legitimate, non-discriminatory reason. The non-renewal cannot be based on bias, arbitrary decisions, or personal motivations. If you believe the non-renewal was unjust, you may have grounds to challenge the decision with legal assistance.

3. Can non-tenured employees be terminated for any reason?

No. Even though non-tenured employees don’t have the same job security as tenured staff, they are still protected from wrongful termination. Employees cannot be terminated due to discriminatory reasons (e.g., race, gender, disability) or retaliation for reporting illegal activities or safety violations. Additionally, they are protected by laws such as the Family and Medical Leave Act (FMLA).

4. What contractual rights do senior administrative staff have in New Jersey?

Senior administrative staff, such as superintendents and principals, typically have contracts that outline the terms of their employment, including the process for non-renewal or termination. If a district fails to comply with these terms, such as not providing proper notice or evaluation, it may result in a breach of contract, giving the employee legal grounds for a claim.

5. What rights do non-tenured employees have under collective bargaining agreements (CBAs)?

Employees covered by collective bargaining agreements (CBAs) may have additional protections against unjust dismissal or non-renewal. These agreements often include provisions for evaluations, dispute resolutions, and grievance processes. It’s important for employees to understand their rights under the CBA and consult legal counsel if needed to ensure these rights are enforced.

How We Can Help You

The Law Firm of Morgan Rooks, P.C. is a plaintiff-side employment rights firm. That means that when people know or believe their employer has violated their employment rights, we provide the support they need to fight back. We believe all employees should have a chance to stand up for themselves after a violation of their employment rights occurs, and employees of the public school system are no different. 

Whether you are a teacher, administrator, staff member, or hold another position, at the district or school site level, we can help you hold responsible parties accountable for violating your rights. Learn more about how our New Jersey lawyers for public school employees’ rights can help by reaching out to The Law Firm of Morgan Rooks, P.C. for help today.

For more information call (856) 746-6332 now. or to request a consultation, contact us online.