Q: It has recently been suggested that we should stop using employment contracts with staff employees. Do you agree with this advice? And, if we discontinue using contracts, we have to communicate their new salaries to employees in some way. What do you suggest?
A: We agree with the advice that you’ve been given. There are good reasons for providing annual contracts to faculty members (chief among them is the fact that contracts tend to “lock” teachers into the classroom mentally and emotionally for the full year, to the benefit of the students in terms of continuity of instruction). However, while staff can be equally vital to delivering the mission of the school, a similar rationale doesn’t apply with regard to contracts. Instead, we recommend being very clear that staff members are employed on an at-will basis and, accordingly, won’t receive annual employment contracts. This doesn’t devalue their work or its importance to the life of the school; it simply communicates that the school’s employment relationship with staff is different from its employment relationship with teachers.
To put this in place for the first time, we recommend communicating this change to the staff members as far in advance as possible—to help staff get used to this idea before it becomes effective. Then, when contracts would have been offered ordinarily (e.g. March 15), instead provide staff members with a memo/e-mail to the following effect. Rather than being positioned as a “contract” (which is a two-party agreement), this “Salary Action Notice” is a one-way communication—unilaterally notifying the staff member of their new salary.
Dear _________,??I wanted to take a moment to let you know how much we appreciate your efforts and dedication to our school, and how thankful I am to have you as a member of our team. It is the talent, spirit, and commitment to service of our entire team that makes ABC School the special place that it is. On this basis, I’m pleased to share with you that effective ____ (date), your new salary will be $_____, representing an increase of ___%. If you have any questions about your new salary or any other payroll or benefits-related issues, please don’t hesitate to contact ______ at any time. S/he will be very happy to assist you.
Thank you again for all you do for our school.
Sincerely,
Head of School
Overall, keeping it “short and sweet”–focused on your appreciation for their work, and notifying the staff member of their new salary–is the best way to go. After a year or two, once the “Salary Action Notice” becomes the accepted norm, the staff will likely forget that you ever offered them contracts/agreements. If anyone questions it, you can certainly assure them that the lack of an agreement doesn’t represent any change in their relationship with the school–it is just reflective of the school’s desire to simplify the employment/salary process.
Additional ISM resources of interest
ISM Monthly Update for Human Resources Vol. 8. No. 6 Faculty Contracts
ISM Monthly Update for Human Resources Vol. 9. No. 6 Faculty Contract Language: Don’t Paint Yourself Into a Corner
ISM Webinar: Develop Your Faculty (From Hiring to Retirement) Feb. 27, 2013
Additional resources for ISM Consortium Gold Members
Ideas & Perspectives Vol. 36 No. 2 ISM’s 20 Success Predictors for the 21st Century
Ideas & Perspectives Vol. 33 No. 1 An Annotated Teacher Contract—ISM Model
Ideas & Perspectives Vol. 33 No. 7 Teacher Impact: How to Identify the Difference Makers
