Turlock, CA asked in Employment Law for California

Q: In a work contract (I am a teacher) does the term "up to" include zero?

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James L. Arrasmith
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Answered

A: The term "up to" in employment contracts typically includes zero unless explicitly stated otherwise. This is particularly important in teaching contracts where terms like "up to X hours" or "up to Y classes" might be used.

From legal precedents in California employment law, the phrase creates maximum limits rather than guarantees. For example, if your contract states "up to 30 teaching hours per week," your employer maintains the right to schedule you for any amount from zero to 30 hours. This interpretation has been consistently upheld in California courts.

You should carefully review your specific contract for any qualifying language that might modify this interpretation. Consider negotiating for minimum guaranteed hours if this concerns you, as many teachers have successfully added such provisions to their contracts. If you need more detailed guidance about your particular situation, consulting with an employment lawyer or your teachers' union representative would be beneficial.

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