How are employees discharged who have an employment contract that does not automatically renew?
The board can release an employee with an employment contract that does not automatically renew by either refusing to continue the contract once it expires or by cancelling it mid-term. Refusing to renew a contract after it expires does not require any due process procedures (unless the board has created a right to continue, a form of local tenure). A mid-term contract cancellation, however, requires certain due process procedures because an employment contract is a property right protected by the due process clause of the United States Constitution. Absent specific procedures being stated in a collective bargaining agreement, employment contract or statute, mid-term discharge procedures should include adequate notice, a statement of reasons and an opportunity for a hearing. Likewise, if the employment contract, collective bargaining agreement, and statutes are silent on discharge grounds, an employee with an employment contract may be discharged mid-term on any ground reasonably relat
