In the case of Tomety v. Columbus City Schools, 2018-Ohio-937, an Ohio appellate court agreed that a casual or day-to-day substitute teacher is an at-will employee subject to termination with or without cause.
The substitute teacher in this matter had been employed by the school board since 2004. While preparing his lunch the principal directed him to leave the building because two students accused him of viewing inappropriate material on his cell phone. The school board conducted a hearing about the matter but elected to terminate the substitute’s employment rather than issue a formal ruling.
The statute governing the employment of substitute teachers explicitly states that casual or day-to-day substitutes are not entitled to notice of non-renewal and may be terminated when their services are no longer needed. The appellate court determined that, because the substitute in this case was a casual or day-to-day substitute he “was an at-will employee subject to termination for any lawful reason” and dismissed his claim for wrongful termination. Tomety at ¶12.
School officials should hesitate before reading this case as providing free reign to discharge substitutes or to forego non-renewal notices. Ohio law draws “a distinction between long-term substitute teachers, who are entitled to written notice of non-renewal of employment[,] and casual or day-to-day substitute teachers, who are not entitled to written notice of non-renewal.” Tomety at ¶11. Moreover, the statute governing substitute teachers does not actually define the terms “casual” or “day-to-day” substitute. As a result, it is recommended that school officials consult with legal counsel prior to making employment decisions regarding substitute teachers.
To read this case, please click here.
Authors: Matthew John Markling and Patrick Vrobel.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.