To: All UMDNJ FACULTY
From: Alex Bernstein, Executive Director AAUP-UMDNJ
Re: Appointment Letter Warning
Date: June 29, 2007
I cannot stress enough the importance of not signing any appointment letters until (1) you have had them reviewed by AAUP or your private attorney and (2) reserved your right to challenge the terms of your appointment using the attached reservation of rights notice. You can also obtain the reservation of rights notice at http://www.aaupumdnj.org/ReserveRights.htm
I am also writing to alert you that the University is NOW taking steps to modify faculty appointment letters during the term of an existing appointment in preparation for (1) reducing or eliminating your clinical components and (2) reducing the contractually required notification period for a non-renewal.
I say this because I received a call from a faculty member who just received a 2-year appointment letter expiring on 6/30/09 (“New Letter”) when he already had a 3-year appointment letter expiring 6/30/09, which he received last year (“Old Letter”). The only difference between the two letters was (1) their term (2 years versus 3 years) and (2) the new letter had the following language that was not in the old letter: “patient service component is contingent upon satisfactory performance and subject to change.”
WHY IS THE UNIVERSITY ISSUING REVISED APPOINTMENT LETTERS TO FACULTY WHO HAVE EXISTING APPOINTMENTS ?
Had this faculty member signed the new appointment letter, it would supersede the old letter and would have the following consequences:
- the faculty member would be waiving their individual right to enforce their employment contract in court if the University modified their patient service component during the term of their appointment.
- the University would have a 6 month non-renewal notification rather than a 1 year non-renewal notification.
Please be advised that if you currently have an appointment and are presented with a new appointment letter during the term of your appointment, unless you are being promoted, you should not sign the new appointment letter. Rather, you should inform your Dean and Chair that you have an existing appointment that expires at a future date and that you expect the University to honor its terms.
The above effort by the University to modify an existing appointment letter is both devious, entirely inappropriate, and suggests the University it taking steps to reduce and/or eliminate your clinical components and your contractual non-renewal notification period.
BEWARE WHAT YOU ARE SIGNING
SUBMIT A RESERVATION OF RIGHTS FORM TO PRESERVE YOUR INDIVIDUAL RIGHTS.
Please call Amy Reeder at 732-235-4196 or me at 973-972-5875 if you have any questions or want us to review your appointment letters.