How can “at will” employees be discharged?
Absent an agreement or contract which specifies the time or duration of service, the employment is at the will of the employer and employee. The “at will” employee can quit or be discharged at any time for any reason as long as the employer’s reason is not a prohibited discharge ground (See question 14). There are no requisite procedures absent local school board policy or collective bargaining agreement. “At will” employees typically include cafeteria workers, custodians and secretaries. The decision to release “at will” employees is sometimes delegated to the superintendent with subsequent ratification by the school board. (Indianapolis Public School “at will” employees must, however, be afforded a hearing and an appeal to the board. IC 20-25-3-12. 4. 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
