At-Will
Employment Agreement For:
Main Class Teacher
Between
Journey School
And
(teacher)
THIS EMPLOYMENT AGREEMENT (“Agreement”) is entered
into by and between the above named employee (“Employee”) and Journey School
(“Employer”), a California charter public school authorized by the Capistrano
Unified School District. The parties recognize that Journey School is not
governed by the provisions of the California Education Code except as expressly
set forth in the Charter Schools Act of 1992.
Journey School desires to engage the services of the Employee for
purposes of assisting the Educational Trustees in implementing the purpose,
philosophy, policies, and procedures of Journey School.
WHEREAS, Journey School and
Employee wish to enter into an employment relationship under the conditions set
forth herein, the parties hereby agree as follows:
A. STATUTORY PROVISIONS RELATING TO CHARTER SCHOOL
EMPLOYMENT
1.
Journey School has been
established and operates pursuant to the Charter Schools Act of 1992, Education
Code, section 47600, et seq.
Journey School has been duly approved by the State Board.
2.
Pursuant to Education
Code section 47604, Journey School has been elected to be formed and to operate
as a non-profit public benefit corporation pursuant to the Non-profit Public
Benefit Corporation Law of California (Part 2, commencing with section 5110 et
seq. Of the Corporations Code). As
such, Journey School is considered a separate legal entity from the Board which
granted the charter. The State Board
shall not be liable for any debts and obligations of Journey School, and the
employee signing below expressly recognizes that he/she is being employed by
Journey School and not the State Board.
3.
Pursuant to Education
Code section 47610, Journey School must comply with all of the provisions set
forth in its charter, but is otherwise exempt from the laws governing school
districts except as specified in Education Code section 47610.
4.
Journey School shall be
deemed the exclusive public school employer of the
employees
of Journey School for purposes of Government Code section 3540.1.
B. EMPLOYMENT TERMS AND CONDITIONS
1.
Duties
Employee
will perform such duties as Journey School may reasonably assign and employee
will abide by all Journey School’s policies and procedures as adopted and
amended. Employee further agrees to
abide by the provisions of Journey School’s charter.
A
copy of the job description for the above position is attached hereto and
incorporated by reference herein. These
duties may be amended from time to time in the sole discretion of Journey
School. (Please attach a copy of the job description)
Work
days for the Employee shall be consistent with the applicable calendar of work
days for this position for an indefinite term until terminated in accordance
with the provisions of this Agreement.
Employment is at-will as specified in Section (I
C)
below.
2.
Compensation
Employee
will receive an annual salary of $_______ prorated for 10 months,
payable in monthly payments of $__________for
service beginning July 1, 2008 and ending June 30,
2009
.
Compensation
earned will be paid to Employee on Employer’s regular paydays, subject to legally required withholdings and
deductions and such other withholdings and deductions authorized by Employee.
3.
Employee Benefits
Employee
will be entitled to participate in designated employee benefit programs and
plans established by Journey School subject to Employee eligibility, which from
time to time may be amended and modified by Journey School at its sole discretion
and with or without notice..
4.
Employee Rights
Employment
rights and benefits for employment at Journey School shall only be as specified
in this Employment Agreement, Journey School’s charter, the Charter Schools Act
and Journey School’s personnel policies, if any, which from time to time may be
amended and modified by Journey School at its sole
discretion and with or without notice. . Employment rights and benefits may be affected by other
applicable agreements, or directives or advisories from
the California Department of Education or State Board of Education.
During
the term of this Agreement, Employee shall not acquire or accrue tenure, or any
employment rights with Journey School or the Capistrano Unified School
District. Employee will have no rights or entitlement under any Capistrano
Unified School District policy or procedure unless that policy or procedure has
been adopted by Journey School and specifically made applicable to Employee by
Journey School. Notwithstanding the
foregoing, Employee will be covered by all applicable federal and state laws
prohibiting discrimination or harassment in the workplace.
5.
Credentials Licensure
Employee
understands that employment is contingent upon verification and maintenance of
applicable licensure, credentials and other legally required qualifications.
6.1.Required Training
Employee
will be required to complete the following training:
CPR/First Aid
7.6.
Child
Abuse Reporting
California
Penal Code section 11166 requires any child care custodian who has knowledge
of, or observes, a child in his or her professional capacity or within the
scope of his or her employment whom he or she knows or reasonably suspects has
been the victim of child abuse to report the known or suspected instance of
child abuse to a child protective agency immediately, or as soon as practically
possible, by telephone and to prepare and send a written report thereof within
thirty-six (36) hours of receiving the information concerning the incident.
By
executing this Agreement, the Employee acknowledges he or she is a child care
custodian and is certifying that he or she has knowledge of California Penal
Code section 11166 and will comply with its provisions.
Journey
School may terminate this Agreement and Employee’s employment at any time with
or without cause, with or without notice, at Journey
School’s sole discretion. Either party
may immediately terminate this Agreement and Journey School’s employee’s
employment employment upon
written notice to the other party.
Employee
also may be demoted or disciplined and the terms of his or her employment may
be altered at any time, with or without cause, with or with out
notice at
the sole discretion of Journey
School.
No one other than the Council of Journey School has
the authority to alter the terms of this arrangement,agreement,
to enter into an agreement for employment for a specified period of time, or to
make any agreement contrary to the term of this Agreement, and any such
agreement must be in writing and must be signed by the Council of Journey
School and by the affected employee and must specifically state the intention
to alter this “at-will” relationship.
Without
impacting the at-will nature of the employment relationship, Journey School may
attempt to remedy and address issues of unsatisfactory performance with the
Employee in accordance with Journey School’s employee
evaluation procedure.
1.
Waiver of Breach
The waiver by either party, or the failure of either party to claim a
breach of any provision of this Agreement, will not operate or be construed as
a waiver of any subsequent breach.
2.
Assignment
The
rights and obligations of the respective parties under the Agreement will inure
to the benefit of and will be binding upon the heirs, legal representatives,
successors and assigns of the parties hereto; provided, however, that this
Agreement will not be assignable by either party without prior written consent
of the other party.
3.
Governing Law
This Agreement will be governed by, construed, and enforced in
accordance with the laws of the State of California.
4.
Partial Invalidity
If any provision of this Agreement is found to be invalid or
unenforceable by any court, the remaining provisions hereof will remain in
effect unless such partial invalidity or unenforceability would defeat an
essential business purpose of the Agreement.
By signing below, the Employee declares as follows:
1.
I have read this
Agreement and accept employment with Journey School on the
terms
specified herein.
2. All
information I have provided to Journey School related to my employment is
true and accurate.
3. A copy of the job description is
attached.
4. This is the entire agreement between
Journey School and me regarding the
terms
and conditions of my employment. This
is a final and complete agreement and there are no other agreements, oral or
written, express or implied, concerning the subject matter of this Agreement.
Employee
Signature: _____________________________Date: _______________
Journey
School Authorized Signature:_________________________Date:_______
This Employment Agreement is subject to ratification
and approval by Journey School Council.