When many of us think of higher education, we consider it the starting place for elevated thinking. However, up in that ivory tower, there is a systemic issue of employment laws being disobeyed and discrimination against the educators shaping the minds of the up-and-coming generation being allowed.
So, when you expected a promotion or bonus, or that you had fulfilled your obligations to earn tenure, you were likely shocked when you were denied. While the university or institution you work for may claim performance issues or other complications, you may suspect it has something to do with discrimination. If you are correct, you can be awarded large damages for the wrongs endured.
If you have faced denial of tenure, promotion, or bonuses because of discriminatory causes, Bantle & Levy LLP can help.
Tenure provides educators, including college professors, with the right to due process if they are accused of misconduct or face dismissal due to the closure of their school or their department. In essence, tenure exists to protect educators’ academic freedom, their termination rights, and serves as an honor within the institution.
However, receiving tenure does not mean that the professor or educator cannot be terminated. All tenure serves to do is to offer protection from termination without reason–as New York is an at-will employment state. However, when an educator is tenured, and then is terminated without cause, this is a direct violation of employment law.
In many community colleges, the probation period of tenure is typically three years, whereas in four-year colleges and universities it can be anywhere up to seven years. In addition to the number of years employed by the institution, the school institutions of higher education will often look for the professor’s quality of research, service, and teaching when deciding to recommend tenure or not.
Unfortunately, when a professor is denied tenure, this means they are ultimately losing their job. However, there are steps you should take if this happens to you:
If you feel the reasoning for your denial of tenure in your place of higher education employment was a result of discrimination, you must work quickly to file a discrimination claim.
Commonly, universities and colleges do not have a cohesive or clear explanation for their tenure criteria so when this room exists, you may be experiencing discrimination under the guise of legitimacy.
However, you can fight it.
Perhaps you have been passed up for a well-deserved promotion or a bonus that you believed you should have received. While sometimes bonuses simply don’t happen given the economics of a company, other issues may arise where employee-employer tensions rise. Similar to denial of tenure, you may have been overlooked because of discriminatory causes.
Be it age, sex, race, gender, etc., no one should be stunted in their career because of their status in a protected class.
But if it happens to you, call Bantle & Levy LLP. We have a track record of success in fighting for the rights of our New York educators.
At Bantle & Levy LLP, we are committed to fighting for your case when you have been denied tenure, promotion, or bonuses for a discriminatory reason. We know how complex these cases can be and how stressful it is for you. We can help make it right.
If you have been denied promotion, tenure, or bonus in New York, contact us today to learn more about how we can help you throughout this difficult time.
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