Zero hour contract is an arrangement between employers and employees which does not include minimum working hours and employees have to be available in order to work in any time. There is a legal definition of it in New Zealand recently however it might be carried out under casual contract which is legal. Zero hour contract is a big problem in…

Billy Gillispie, like many college basketball coaches, was hired--and fired--in a hurry. But the contract negotiations that dragged on for nearly two years while he coached the University of Kentucky's men's basketball team showed little of the same urgency that defined his entrance and exit. Mr. Gillispie worked for Kentucky under a memorandum of…

The employment contract is sometimes misunderstood by both employees and employers. Drafters of employee manuals, policies, and procedures should be aware that the nature of the at-will employment relationship can be transformed into a binding employment contract by the words and phrases chosen. In this article, the author uses the case of Eric,…

Public and nonpublic higher education institutions differ in the manner in which an allegedly aggrieved party can seek redress. Discusses relevant cases concerning constitutional standards, contractual problems, and damage to reputation. (124 references) (MLF)

Tenured faculty are normally terminated only for just cause. In "Milbouer v. Keppler," however, an Idaho district court upheld faculty members' discharge when Boise State University declared a financial exigency. Examination shows that this definition of financial exigency derived from budget reductions that affected small program…

The rapid hiring and firing of college athletic coaches, the litigation brought in breach of employment contracts, and the special problems presented by coaching contracts have raised hard legal questions about proper methods of contract enforcement and recovery of damages. (MSE)

Legal problems that colleges and universities might avoid are identified. Colleges are being sued over a broad range of legal issues and are expending money for legal and court fees, settlements, and judgments. Legal problems include right of admission to particular colleges, the right to stay in school, questions of faculty promotion and tenure,…

This newsletter issue considers in separate articles: (1) unionization in 1981 among college faculty in the United States; (2) unionization at the California State University and College System (CSU) (by Lisa Flanzraich); (3) multi-year agreements; (4) contract size; (5) and, in "Yeshivawatch," developments pertaining to the National…

A summary of case law, primarily in the college and university setting, under the various theories of liability currently being used to challenge the traditional doctrine of employment-at-will, looks at recent court decisions in wrongful discharge actions and the contract and tort theories evolving from them. (MSE)

The power of the university to breach faculty contracts in order to meet its temporary cash-flow problems and the rights of faculty when this breach occurs are discussed. To avoid litigation, a university must have established internal guidelines which can be incorporated into an employment contract. (MLW)

The employment relationship in public schools is governed by constitutional mandates, federal and state statutes, administrative regulations, and contractual obligations. This chapter discusses fundamental aspects of the employment relationship that are influenced by legal principles derived from state law, local district policy and practice, and…

Developments in the area of academic collective bargaining are examined. Issues pertaining to interest and final offer arbitration are discussed, with attention to authority of judicial arbitrators and interest arbitrators, standards for the interest arbitrator, and public sector problems. Information on strikes in the fall of 1980 indicate no…

This chapter examines cases reported during 1981 concerning school employees. In the format used, federal questions are addressed first, then issues associated with state laws. The author deals with cases in the areas of discrimination in employment, substantive constitutional rights of speech and association and privacy, and procedural due…

This chapter addresses developments concerning faculty tenure, examines institutional responses to new pressures and the litigation by faculty over those reponses, and explores faculty and administration rights and responsibilities. Academic administrators have realized that the reappointment, tenure, and promotion processes are an opportunity to…

This chapter analyzes 1982 decisions involving legal issues in public school employment. Cases in areas of federal law are discussed first, including: discrimination in employment (race, sex, religion, age, and handicap); substantive constitutional rights (speech, association, and religion); and procedural due process (property interest, liberty…