Most California public school teachers have employment rights that are much broader than employees in the private sector. Not only do California’s most protective anti-discrimination and anti-retaliation laws also apply to school teachers, such as the California Fair Employment and Housing Act and Labor Code section 1102.5, but most teachers may only be terminated under narrow circumstances and even then only when due process is provided. The nature and extent of a teacher’s employment rights depend on their underlying classification and length of service.
Permanent Employees:
Teachers classified as permanent employees have received their teaching credential and have passed two years of probation. Permanent teachers have a vested property right in their job and may only be fired for “just cause” and when due process is provided to the employee. The reasons supporting a “just cause” termination include immoral or unprofessional conduct, dishonesty, unsatisfactory work performance, criminal convictions, and unfitness for service, among others. (Cal. Ed. Code § 44932.) A just cause termination necessarily cannot be based on provably false or outdated accusations and the school district must substantiate the underlying reasons for the termination.
Permanent employees can be laid off as part of a larger reduction in force, but even then are given preferential consideration over other employees in the event of a later rehire.
Probationary Employees:
Before becoming a permanent teacher, the teacher must work two consecutive years as a probationary employee. During this time period the teacher has far fewer rights than a permanent employee. A first year probationary can be given a non-renewal notice (i.e. be terminated) at the end of the first year without a stated cause or an evidentiary hearing. (Cal. Ed. Code § 44929.21.)
Importantly, just because first year probationary teachers need not be provided with a stated reason for termination by their employer, the underlying reason still cannot be based on unlawful motives, even in-part. For instance, probationary employees cannot be terminated because of a protected characteristic (i.e. their disability, need for reasonable accommodations, religion, race, etc.), nor can they be terminated for having engaged in protected activity, such as whistleblowing or complaining of unlawful working conditions.
Second year probationary teachers have more rights than first year probationary teachers and must be provided with a non-renewal notice before the end of the school year on or before March 15th. The non-renewal notice must provide thirty-days’ notice and a written explanation for the termination. Probationary employees are also entitled to an evidentiary hearing before they are terminated.
Temporary Teachers:
Temporary employees are hired on a short term basis and for a fixed duration of time. Temporary teachers must be provided with written notice at the commencement of their employment that clearly describe the temporary purpose and duration of their teaching assignment. Unlike permanent and probationary teachers, temporary teachers do not have an expectation to continued employment after the expiration of the temporary assignment and may be terminated early for just cause.
Substitute Employees:
Substitute teachers are hired on a short-term basis to fill the position of an absent regular employee. (Cal. Ed. Code. § 44917.) Substitute employees have the fewest rights of all teachers and may be terminated for any reason. Substitute employees do not need to be given a reason for their termination, nor do they have the right to an evidentiary hearing before their termination.
Are you a California school teacher facing termination or a contract non-renewal? Contact the Law Office of Brian Mathias today.