Legal Question in Employment Law in California

Professor layed off after 10 years. Any recourse?

I have been a college professor at a private college for approximately 10 years on a yearly renewable contract. The school now faces budget cuts and will not renew my contract for next year. I understand that the The 1940 Statement of Principles on Academic Freedom and Tenure, jointly authored by the American Association of University Professors (AAUP) and the Association of American Colleges, calls for a maximum period of probation not to exceed seven years of full-time faculty service, with service beyond the probationary period constituting continuous appointment or tenure. Do I have a case to procede against the school?


Asked on 4/16/05, 9:30 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Professor layed off after 10 years. Any recourse?

Depends upon what the terms of your contract say, and upon the school regs and rules, and upon how that contract and those rules interrelate with your quoted tenure guidelines as they may or may not apply to your private school. For starters, what did the school say to that argument, and what rules and regs did they refer to in their defense? If you don't know that, you are uninformed and will be unable to assist an attorney in discussions.

You will probably need to consult with counsel and review all the schools regs, and the Ed Codes you or the school rely upon, to get an informed answer.

Once you have the info needed, feel free to contact me for consultation.

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Answered on 4/25/05, 5:13 pm


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