An Administrator's Guide to California Private School Law Compendium

C HAPTER 4 – E MPLOYMENT C ONTRACTS A ND S EPARATION O F E MPLOYEES D OCUMENT 4.A C HECKLIST F OR P RESERVING A T -W ILL E MPLOYMENT  Review employment agreement and handbook to determine whether a position is classified as at-will.  Revise or modify the employment agreements, the employment handbook and/or policies to prohibit oral or implied contracts of employment.  Revise job announcements, employment applications and employee evaluation forms to reflect an at-will relationship.  Delete language in employee handbooks and/or employee evaluation forms that could be construed to require continued employment absent cause for discharge.  Make sure there are explicit exceptions for at-will employees in any “for cause” language. (Where a school employs some employees at-will and other employees for a term.)  Avoid making written or oral representations to the effect that cause is required for discharge.  Have at-will employees sign at-will acknowledgment forms or contracts at the time of hire.  Confirm the employee’s at-will status in all correspondence regarding employment, including annual notices of an employee’s salary and benefits.  Emphasize employee’s at-will status in orientation.

An Administrator’s Guide to California Private School Law - Compendium ©2019 Liebert Cassidy Whitmore 67