Defense Lawyers for Probationary Public School Teachers

New York Probationary Public School Teacher Defense Attorneys

New York public school teachers are typically granted tenure after completing a four-year probationary period, with some exceptions. Around 58 percent of New York City’s 5,200 public school teachers were granted tenure in 2023. Nearly 40 percent of educators had their tenure decisions delayed by a year.

Probationary public school teachers are non-tenured teachers, meaning they are classified as at-will employees. They do not have the same rights and job protections as tenured teachers in New York.

School officials can dismiss a non-tenured teacher for any reason and at any time, other than the terms outlined in their employment contract. Additionally, the school district is not required to follow due process or conduct a disciplinary hearing before firing a probationary teacher. A school district may end a teacher’s employment before their probationary period concludes without a formal hearing process.

Despite lacking the job security that comes with tenure, however, New York probationary teachers are legally protected from being fired for unlawful reasons or in violation of their employment contract. For example, a school district cannot terminate a teacher for discriminatory reasons based on their gender, race, disability and other legally protected classes. They also cannot be denied tenure based on illegal grounds.

The Brill Legal Group offers quality defense for probationary public school teachers in New York. Our lawyers have decades of experience protecting the rights of non-tenured educators throughout the state.

Common Reasons Probationary Public School Teachers Are Fired

Each New York public school has its own list of reasons a probationary teacher may be terminated. Some typical grounds for a non-tenured educator’s dismissal include:

• Insubordination
• Immoral conduct
• Incompetence
• Fraud or misrepresentation
• Neglect of duties
• Abuse of school rules

Tenure for Probationary Public School Teachers

New York public school teachers work hard to achieve the milestone of tenure, which brings job protections and other privileges with it. They typically receive tenure after successfully serving four years of probation and being evaluated for their performance during that period. The specific criteria used for tenure considerations vary from one public school to another.

The Board of Education grants tenure to a probationary public school teacher based on the Superintendent’s recommendation. Unfortunately, sometimes things do not go according to plan for teachers hoping to get tenure.

School officials may decide to terminate the services of a probationary public school teacher before they secure tenure. In such situations, school boards are required to provide the teacher with a written notice at least 30 days before the effective date of termination of services. The teacher has a right to ask the reasons for termination, and the school district must provide the requested information.

Learning that you were denied tenure can not only be shocking, but it can also affect your career and livelihood. Probationary public school teachers have certain rights, including the right to ask why they were denied tenure. While public schools can discontinue the services of a probationary teacher for any reason and at any time, they cannot deny tenure based on unlawful reasons.

For example, there may have been bias in school officials’ evaluation of your job performance. You may have been subjected to discrimination during the probation period, or your tenure was denied based on vague criteria.

If the school is unable to explain its decision with adequate documentation or a specific statement of reasons, something else may be at play. The probationary public school teacher’s dismissal may have been unlawful, arbitrary or a pretext for covering up discrimination or retaliation.

In such circumstances, the teacher can appeal the decision or take legal action against the school board. If you suspect you are being denied tenure based on unlawful reasons, reach out to an experienced New York probationary public school teacher attorney at Brill Legal Group

Discrimination Against Probationary Teachers

Discriminatory conduct against probationary public school teachers is unlawful. Discrimination can manifest in different ways, ranging from subtle incidents to more obvious mistreatment. 

Discrimination can affect a variety of employment decisions related to a probationary public school teacher’s job. Some examples include compensation, promotions, training and work schedules. For example, a school board may deny tenure to a probationary teacher based on her likelihood of becoming pregnant, or they may only offer training to teachers of a certain race. These are only a few examples of the many ways in which probationary public school teachers may face discrimination on the job.

The Brill Legal Group is experienced in helping probationary teachers hold school boards accountable for engaging in discriminatory treatment. If you are in a situation that affects your chances of achieving tenure, reach out to a lawyer right away. Although probationary public school teachers do not have the same rights and privileges as tenured educators, they are entitled to a fair work environment that is free from discrimination. 

Breach of Teaching Contracts

A probationary public school teacher’s employment contract is a legally binding agreement between them and the public school or school district. The contract details key information such as the duration of employment, the teacher’s job duties, causes for termination of employment, and various terms and conditions.

Disputes may arise when the contract is breached, such as when a school district fires a teacher for taking a leave of absence even though no violation of the employment agreement has occurred. When a school district or school board breaches a contract, a probationary public school teacher may be able to recover damages. In some situations, the teacher can pursue non-monetary remedies such as being reinstated to their position.

Employment contracts may also be breached by probationary teachers themselves. Many school districts require teachers to give notice before resigning or to remain in the job until the stated end of the contract. If a probationary public school teacher quits their job without notifying their employer, they may be in breach of their teaching contract. 

Legal matters related to employment contracts can quickly get complicated. If you are a probationary public school teacher in New York who is accused of breaching an employment agreement or struggling with a public school’s breach of your teaching contract, Brill Legal Group can help. Our defense lawyers take a no-nonsense approach to protecting the rights of probationary public school teachers and will get you the compensation you deserve.

Contact the Brill Legal Group Today

If you are a probationary public school teacher facing denial of tenure, unlawful termination or a teaching contract dispute, you need a New York defense attorney in your corner. The Brill Legal Group is ready to provide you with aggressive legal representation to protect your livelihood as a public school teacher. 

Our legal team will thoroughly examine your employment contract and hold your school district or board accountable for their unlawful actions against you. Contact us right away for an initial no-cost evaluation of your legal issues.