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Employment Law and Human Resources Management in Higher Education

Employment Law and Human Resources Management in Higher Education. Section Two The Employment Relationship. The College and University Workplace. Wide Array of Employment Relations At-Will Employees Employment Contractual Relationship Independent Contractors

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Employment Law and Human Resources Management 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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