An Administrator's Guide to California Private School Law

Chapter 4 - Employment Contracts And Separation Of Employees

Schools may need to retain the ability to alter employee contributions and to change health plans. Please be sure your school works with a qualified benefits specialist to enforce compliance with Internal Revenue Service and other regulations.

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G. O UTSIDE A CTIVITIES Some teachers may choose to engage in other employment or self-employment during their off hours, such as private tutoring. This provision specifies that the employee’s primary work obligation is to the school. This provision puts employees on notice that any employment undertaken in addition to the employee’s employment with the school, or any significant non- employment activity, must not hinder or impede the employee from successfully fulfilling his or her duties and responsibilities set forth in the employment agreement. Any outside activities also should not interfere with the employee’s hours of work with the school or reflect negatively on or prejudice the school in any manner. H. C ONFIDENTIAL A ND P ROPRIETARY I NFORMATION Proprietary information is sensitive information that may provide a school certain business advantages (e.g., donor lists). Schools also maintain pupil records, financial records of families for financial aid, personnel records, and other information that must remain confidential. Similarly, employees, in the course and scope of their duties, may learn sensitive information about students and their families, as well as other employees. Schools need to ensure that employees are aware of their obligation to keep certain information private, and that the obligation continues even after their employment relationship with the school ends. Much of this type of information is protected by a constitutional right to privacy under the California Constitution, so employees need to understand these legal obligations. I. S CHOOL C LOSURE OR “F ORCE M AJEURE ” Although schools expect to operate their facilities for the entire school year, some situations may arise that force a school to close for a period of time. This provision explains that events beyond school’s control may necessitate a cessation of all or part of its operations and result in an extension or contraction of the school year. This provision specifies that in the event that a school’s operations are disrupted for any reason, the school shall be entitled, in its sole discretion, to suspend its duties, obligations, and performances under the employment agreement immediately and without notice. J. S EVERANCE The parties may negotiate a severance term into an employment contract. This term would provide for compensation and/or benefits that would be given to the employee in the event of separation from employment. This term typically allows the employer to release the employee mid-year without the requirement of proving “cause” for termination. This is generally

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