If you are let go due to budget cuts, is the school required to offer you the teaching position if they open it back up?

Many teachers are let go every year due to budget cuts within districts. If a teacher in good standing and has good evaluations but there is budget cut at the end of their tenure year, is the school required to offer the position back to them if they reopen/rehire the position?

Asked on June 8, 2016 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Would not re-hiring the teachers violate the terms of a union agreement or employment contract? Would not doing so constitute some form of legally actionable discrimination? If not, the the school is under no obligation to offer these teachers their positions back. The fact is that most employment is what is known as "at will". This means that an employer can set the conditions of work much as it deems necessary or sees fit.


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