Janice Lozano
Students often take up jobs on their university campuses to earn money for rent, food, transportation, and other costs. While supervisors have the right to terminate student employees, it is essential to understand the legal rights and protections available to students in such cases. This introduction will explore the circumstances under which a university can fire a student worker, the potential implications, and the rights that students have in the event of wrongful termination.
| Characteristics | Values |
|---|---|
| Can a university fire a student worker? | Yes, a university can fire a student worker. |
| Reasons for termination | Insubordination, gross misconduct, or an egregious offense such as stealing, harassment, or timesheet fraud. |
| Notice period | Two weeks, unless the termination is a result of gross misconduct. |
| Legal protections for students | Students cannot be fired based on age, gender, sexual orientation, disability, race, or religion. |
| Legal recourse | Wrongful termination lawsuits can be filed, and settlements or court decisions may include lost wages, compensatory damages, and punitive damages. |
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What You'll Learn
- Student workers have the same rights as other workers
- Supervisors must make every effort to avoid termination
- Students can be fired for gross misconduct or an egregious offence
- Wrongful termination laws exist to protect workers' rights
- Students should receive a written description of expectations and hours
Student workers have the same rights as other workers
Student workers are engaged in research, teaching, work-study, or other related positions at educational institutions. Their primary relationship with the institution is educational, and their working relationship is obtained as a result of their studies.
The National Labor Relations Act (NLRA) was passed in 1935 to protect the rights of employees and employers, encourage collective bargaining, and curtail certain private sector labor and management practices that could harm the general welfare of workers. The Act created the National Labor Relations Board (NLRB), which protects the rights of private sector employees to join together. However, the Act does not mention student workers and does not explicitly determine whether they are employees. This has led to a wave of student worker activism and unionizing efforts as students seek to secure their rights.
Despite the lack of clarity in the NLRA, student workers are considered employees and have the same rights as other workers. They cannot be fired for organizing or advocating for better workplace conditions and living standards. If a student worker is wrongfully terminated, they can seek legal recourse and may be entitled to compensation for lost benefits, emotional distress, and wages.
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Supervisors must make every effort to avoid termination
Supervisors must make every effort to avoid terminating student workers. Student workers often face the challenge of balancing their work and class commitments, which can lead to difficulties in scheduling and time management. It is important for supervisors to recognize this and provide support to help students manage their workload and meet expectations.
Before considering termination, supervisors should communicate clear expectations and guidelines for the job. This includes providing a written description of the position's responsibilities, work hours, and any policies regarding absences and time off. By setting clear expectations from the outset, supervisors can help students understand their responsibilities and hold them accountable for their performance and attendance.
Additionally, supervisors should be open to communication and feedback from student workers. If a student is struggling to meet expectations or is facing challenges, supervisors should be approachable and willing to discuss the issues. This provides an opportunity to address concerns, provide support, and work collaboratively to find solutions.
If a student's performance or behavior is unsatisfactory, supervisors should follow a progressive discipline process. This typically involves a series of steps, starting with a verbal warning and discussion about the issues. It is important to clearly communicate the specific areas of concern and provide guidance on how to improve. If the issues persist, written warnings can be issued, documenting the unacceptable behavior or performance and the changes that are required. This provides a formal record of the issues and serves as a clear indication that termination may result if no improvements are made.
During this process, it is essential to maintain written documentation of any discussions, warnings, and agreements made between the supervisor and the student. This helps to ensure that both parties understand the concerns and agreed-upon actions and provides a record of the steps taken to address the issues.
While termination may ultimately become necessary, supervisors should make every reasonable effort to support and guide student workers towards improvement. By following these steps, supervisors can demonstrate their commitment to the student's success and create a fair and supportive work environment.
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Students can be fired for gross misconduct or an egregious offence
Students often take up on-campus jobs to support themselves financially during their studies. However, balancing work and academics can be challenging, and sometimes, students may find themselves unable to work more than a limited schedule due to classes and coursework. In such cases, unless there is an employment contract that states otherwise, a student worker can be terminated at any time, for any reason, or even without a reason.
That said, universities should ideally take a step back and reflect on the expectations they have set for their student workers. If they have gone through several student assistants in a year, perhaps the expectations are unreasonable and inconsistent with industry standards. It is essential to strike a balance between work and academics, and universities should ensure that their expectations are realistic and fair.
While students can be terminated for various reasons, gross misconduct or an egregious offence are often considered serious grounds for immediate dismissal. Gross misconduct is a very serious allegation that can result in severe consequences, including a ban from the classroom for teachers. It includes incidents such as theft, physical violence, gross negligence, or serious insubordination. It is considered misconduct so severe that it undermines the mutual trust and confidence between the employee and the employer.
Egregious conduct, on the other hand, refers to acts or omissions that involve intentional misconduct or a knowing violation of the law. It can include abuse, abandonment, neglect, or any other behaviour that is deplorable, flagrant, or outrageous by normal standards. Egregious conduct may also include a single act of such intensity, magnitude, or severity that it endangers the life of another individual.
In the case of gross misconduct or an egregious offence, universities should follow fair disciplinary procedures. They should investigate the incident, consider witness statements, and provide the student with an opportunity to explain their side of the story in a disciplinary hearing. While these offences are considered serious grounds for termination, universities should ensure that the student worker is given a chance to respond before a decision to dismiss them is made.
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Wrongful termination laws exist to protect workers' rights
One key aspect of wrongful termination laws is the protection against discrimination. Employers are prohibited from firing employees based on characteristics such as race, colour, religion, sex, national origin, age, or disability. This is enforced through legislation such as Title VII of the federal Civil Rights Act and the Americans with Disabilities Act (ADA). If a worker is fired due to discrimination, they can file a report with the Equal Employment Opportunity Commission (EEOC) and may have grounds for a lawsuit.
Additionally, wrongful termination laws protect workers who engage in whistleblowing activities. Whistleblower protection laws ensure that employees cannot be fired in retaliation for reporting unsafe, illegal, or unethical practices within their organisation. This includes reporting issues such as discrimination, wage disputes, safety concerns, or other legal violations. If a worker is terminated for whistleblowing, they can seek legal recourse and may be eligible for a settlement or compensation.
Wrongful termination laws also address constructive discharge, which occurs when an employee quits due to ongoing or pervasive harassment related to their protected class, and the employer fails to intervene. This can include harassment based on race, colour, religion, sex, or national origin, as outlined in Title VII, or disability-based harassment under the ADA.
Furthermore, wrongful termination laws protect workers' rights related to leave, wages, and overtime. Employers cannot fire employees in retaliation for exercising their rights under state labour laws or federal laws such as the Family Medical Leave Act (FMLA). Workers who believe they have been wrongfully terminated for exercising these rights can report the issue to their state's labour department or seek legal counsel.
In addition to federal laws, some states have their own legislation providing additional protections. For example, workers in New Jersey and New York have enhanced protections under state laws that supplement the federal framework.
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Students should receive a written description of expectations and hours
Students often work part-time jobs at their universities to cover their living expenses. These students are protected by various laws, including state and federal employment laws, and cannot be fired based on age, gender, sexual orientation, disability, race, or religion.
When hiring student assistants, supervisors should provide a written description of expectations and hours. This should include a clear outline of the position's expectations and a hard number of expected hours. For example, a supervisor might specify the number of hours a student is expected to work per day and per week, depending on whether school is in session or not. This information can be written down and clipped to a master calendar for the student to refer to.
Additionally, supervisors should communicate any expectations regarding attendance and punctuality. While it is understandable that students may need time off or may occasionally be late, consistent issues with attendance and punctuality may require disciplinary action. Supervisors should also provide examples of what constitutes an excused absence, such as a doctor's note or documented car trouble, and specify any required notice periods for time off.
Providing students with a written description of expectations and hours helps set clear boundaries and ensures that students understand their responsibilities. It also allows supervisors to point to a concrete agreement if issues arise in the future. This written agreement can be referenced if a student consistently fails to meet expectations or abide by the agreed-upon schedule, and disciplinary action or termination becomes necessary.
Overall, providing students with a written description of expectations and hours is a best practice for supervisors hiring student assistants. It promotes clarity, accountability, and a mutual understanding of the position's requirements.
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Frequently asked questions
Yes, a university can fire you if you're a student worker. However, it is recommended that supervisors provide written warnings stating the unacceptable behaviour or performance issues and allow time for improvement.
If you are fired, you will not receive help from the Student Financial Services Office in securing another position. You may work on campus during the remaining term(s) of the academic year, but you will be treated as a non-aid student.
Unless you have an employment contract that states otherwise, you can be terminated at any time, with or without reason.
No, employers cannot legally fire workers for unlawful reasons, such as discrimination or retaliation. If this occurs, workers may sue for wrongful termination.
It is best to discuss your termination with an experienced wrongful termination attorney. They can assist you in receiving a fair settlement, which may include lost wages and benefits.
