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.

 

 

C.     EMPLOYMENT AT-WILL

 

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.

 

D.     GENERAL PROVISIONS

 

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.

 

E.      ACCEPTANCE OF EMPLOYMENT

 

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.