Can teacher be fired over not selling enough yearbooks?
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Can teacher be fired over not selling enough yearbooks?
My husband is teacher and yearbook advisor. He switched to a new company and the old
company is giving final bill of $20,000. Now the school board says my husband is in trouble.
Asked on March 25, 2016 under Employment Labor Law, Kentucky
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The fact is that most employment is "at will", this means that an employer can fire an employee for the reason that you have given, or for any reason or for no reason at all, with or without notice. Basically, in such an empolynent arrangement, an employer can set the conditions of employment much as it sees fit. The exceptions to the foregoing would be if this action violates a union agreement or employment contract or constitutes some form of legally actionable discrimination. Bottom line, yes, unfortunately, your husband can be terminated for not selling enough yearbooks.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Leaving aside the issue of any union or collective bargaining agreements which may govern your husband's job, as a general matter, all employment is employment at will; an employee may be fired, in the absence of a contract, for failing to sell enough yearbooks or for any other reason an employer wishes to fire him.
If your husband is covered by a union or collective bargaining contract, however, he cannot be fired in violation of said contract. If there is such a contract, you have to review its terms to see under what conditions your husband could be terminated, or otherwise disciplined.
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