Preventive Law
Preventive Law Corner
By Dennis Eichelbaum - Schwartz & Eichelbaum, P.C.
Jan 7, 2005, 08:31

Nonrenewals

Well, it’s January, which means it is time to start thinking about…nonrenewals.  Yes, that’s right; nonrenewal season is just around the corner! 

This month you should have a list of term contract personnel who are being considered for nonrenewal, as well as probationary contract employees being considered for termination at the end of their contract.  Along with the list, there should already be documentation accompanying each considered employee.  If anyone on “the list” has not yet been evaluated, it’s time to get in there and complete that appraisal. 

It’s also time to mark up your brand new 2005 calendar with your deadlines.  Proposals for nonrenewal of term contracts and termination of probationary contracts must take place no later than the 45^th day before the last day of instruction.  So count backwards on your calendar 45 days (not just work days) from the last day of instruction, then count back at least five more days, and put a big red “X” with a notation to hold a board meeting on or before that day.  You never want to wait to schedule the board meeting for the last day, because if you fail to obtain a quorum at that meeting, or any other  reason the meeting must be delayed, then you have just inherited that employee for another year.  If you fail to obtain your quorum 50 days before the last day of instruction, you still have 72 hours to post a new meeting and get in under the deadline.

Documentation of all employees needs to take place year-round.  Take a moment to closely review the files of those individuals being considered for nonrenewal or termination and make sure there is well written documentation supporting the decision.  If the files are empty or the documentation sketchy, now is the time to correct the situation.   If you have no documentation for people you might be considering for nonrenewal or termination, then get some ASAP.  It looks terrible to have all of your documentation dated March and April.  It appears as though you have quickly documented problems at the last minute and “built your case”  When you have documentation over the entire year, the Board has an easier time seeing you gave the employee notice of deficiencies and the opportunity to improve.

Some of you might be thinking you don’t need documentation for those probationary contract employees.  Not so fast.  If they file a charge with the EEOC and claim discrimination, what will your evidence be that you did not release them for discriminatory reasons?  Documentation cures that problem.  Likewise, if the employee files for unemployment, the documentation will show the Texas Workforce Commission you dismissed the employee for just cause.