Opt-Out Rights

Teachers and ESPs in Minnesota now have a choice. The Supreme Court said you have the right to choose whether to pay money to a union; no deductions can be taken from your paycheck “unless the employee affirmatively consents to pay.” What does that mean?

If you are a “fair share” payer, fees should no longer be deducted from your paycheck as of June 27, 2018. If you are a new teacher or new employee, you do not have to join or support the union to get or keep your job.

If you are a member of Education Minnesota, the union only allows teachers and ESPs to opt-out once a year during a narrow seven-day window from September 24th to September 30th. This restriction on your rights is not consistent with the Janus decision; members should be able to resign at any time. Some teachers or ESPs may wish to assert that right and resign before or after the September window. This issue will eventually be resolved by the legislature or the courts. But until that happens, the seven-day window is the most effective way for teachers and ESPs to resign with confidence.

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