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?

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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