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[hu_blogger]

I'm part of the community at a small private non-profit school. (Harrisburg University of Science and Technology) The school is new, only gaining accreditation a few years ago. We have a total enrollment of around 300 students with less than 10 full-time faculty and a pile of "corporate faculty" (adjuncts.)

When the full-time faculty were hired, they were told they had an initial one year contract, then they would be offered multi-year contracts thereafter. This was verbal and not in writing. The institution does not offer tenure as part of its "innovative new approach to higher education". The president is fond of bragging about this to the public, he has said more than once that the faculty get contracts rather than tenure. Jeff Selingo blogged about it: http://chronicle.com/blogs/next/2011/10/20/where-will-innovation-begin/ The president said "the institution offers 12-month contracts, and is now considering multiyear contracts."

5+ years have gone by and the school has simply refused to offer multi-year contracts to any of the faculty. Hence, the faculty have sought out legal advice and learned that they probably don't even have contracts, but they might. They get a statement of benefits every year, they are told that the faculty handbook is their contract (this is not in writing, but what the provost tells them). The faculty handbook does not contain a disclaimer saying it isn't a contract and it does contain language such as "must" and "will" rather than just aspirational language such as "should". However, Pennsylvania is an "at-will" state, it seems it's pretty hard to overcome that presumption. It seems the biggest problem is that they don't have a written contract that spells out the terms of their employment.

Have any of you experienced anything like this? Advice?

Note: In the interest of full disclosure, I'm the school's harshest critic. I write a watchdog blog about the institution. But this is an honest question, the faculty need your advice.

[michigander]

Caveat:  I am not an attorney.  Lawyers will typically say that "If it isn't in writing, it doesn't exist."  However, the law does recognize oral contracts; the details vary from state to state.  It's definitely time to consult a labor and/or contract attorney to find out what your status is.

[sinenomine]

I'm also in an "at will" state, and at a school that does not offer multi-year contracts.  We (full-time faculty) do get letters of appointment each year, and it's rare for someone to not be reappointed.  Adjuncts get appointment letters course-by-course.  It seems odd, OP, that the faculty handbook is your only written proof of appointment -- how do you know what your salaries are?

[pedanterast]

I'm not a lawyer either but I don't believe oral contracts can be valid for a period that exceeds one year.  There is a name for this legal principle that presently escapes me.

[larryc]

If you don't have a contract you can leave mid-semester. Maybe if this started happening the administration would realize that contracts exist for the benefit of both parties?

[euro_trash]

Do you belong to a union?

[spinnaker]

If you don't have a contract you can leave mid-semester. Maybe if this started happening the administration would realize that contracts exist for the benefit of both parties?

Actually quite a few adjunct one-semester contracts currently say they can be canceled be either party, with a week's notice. Even more say they can be canceled by the employer, at any time, if they don't have the money to pay you. So what Hu is describing is no worse than what we've been seeing, for adjuncts, at least.

[hopeandfaith]

Apples can go bad.  Contracts assure that those bad apples remain to foul the entire bushel.  I think this university may be on to something.

[alleyoxenfree]

Unless PA law is very unusual, in my experience, if you don't have an appointment letter, most lawyers will say you don't have a contract in this day and age.  While hiring used to be based on a handshake, a meeting with HR to fill out tax paperwork, and a handing over of the employee handbook, employers seem to be winning more cases if that's all employees can produce.  Which is why, as others point out, even most contracts include lots of wiggle language.  I've had a multi-year contract at a major university that, when you read the fine print, indicated that it was really a year-to-year contract.  The offer letter said it was multi-year but the contract we both signed was yearly. 

You will probably have difficulty finding an attorney to take the case without that, and a judge to agree with him/her.

Polish up your resumes and get on the market.  Or consider the actions others are recommending.  Join a national union and have a union drive.  That may protect you a bit, since, if they fire you, you can show that you were fired for union organizing.  JMO - I'm also not an attorney.  Others may disagree.

Really, put your energies into leaving these losers.  You have teaching experience.  Take it somewhere where it will be valued.