What to do if your district is considering a RIF

Don’t panic
Rumors run rampant in districts that are considering a RIF. Morale suffers and many employees become afraid for their jobs. However, many districts that initially declare financial exigency and announce RIFs subsequently seek to achieve personnel reductions through alternate methods, such as retirement and attrition, before moving forward with nonrenewal or termination of teacher contracts. TCTA encourages school districts to identify cost savings that can be achieved through means that do not affect direct instruction of students.

In the event that elimination of instructional staff becomes unavoidable, the district must meet the legal requirements that form the basis of the RIF process. Teachers and other professional employees hold an employment contract with the district. This means that the superintendent cannot lawfully walk into a faculty meeting on Friday, hand everyone a pink slip, and tell the teachers not to come back on Monday. Depending on the circumstances, a teacher may have the right to request a hearing regarding the proposed nonrenewal or termination of the employment contract.

Remember that you cannot be forced to resign
The TCTA Legal Department frequently receives calls from teachers who state that they were “forced to resign” after being told by their campus principal or superintendent that they were going to be RIF’d. A teacher may refuse to resign and request that the district honor its obligations under the contract. TCTA recommends consulting with an attorney prior to making a decision to resign to receive an individual assessment of whether the district may lawfully move forward with a RIF and what options might be available as an alternative to resignation.

Know your rights
Failure by a district to observe the legal requirements for a RIF can form the basis for a successful legal challenge to the district’s proposed action. However, the decision to initiate a legal challenge, even when faced with the prospect of nonrenewal or termination, is not easy. TCTA attorneys can evaluate the district’s actions to determine whether there is a legal deficiency in the RIF process and provide advice to TCTA members that facilitate an informed decision about how to proceed.

TCTA members who have questions about the RIF process should contact the TCTA Legal Department at (888) 879-8282 and ask to speak with a staff attorney.