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employment offer (yearly) Maryland

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  • employment offer (yearly) Maryland

    So its been a long time since I posted in these forms (new job and life tied me up). My wife works for an independent school and was recently told that they were not going to offer her job this year. She says they provide an offer letter each year to all employees. She is not a teacher and works in the administration portion of the building. This is the first time I have come across this type of situation where the employer says they offer you a job from year to year (non union). She said its not a contract for employment pay and that its just a offer. I guess what bothers me is that she just received a glowing report last year, stating that they knew they were not paying her enough for her position. Am I correct in assuming that this is handled as a termination? Would an employment offer be considered an employment contract if they are saying that they are not offering her pay so she is out of job (even thought they are saying that this is not an employment contract)? I am thinking that this headmaster may think that this is going to be handled as a contract employee and may try to use that as a way of not paying unemployment.

    As a side note in the 20 plus years of managing employees, I have never brought someone in my office and just said they were no longer an employee. I normally coach the employee before hand, and if we do have to part ways there are no surprises. I guess thatís the biggest issue I have with this person, but that if just personal and has nothing to do with business.

  • #2
    Unless there is something in the offer letter that guarantees continued employment for a specific period of time that exceeds the year,she may as well apply for unemployment and be done with it. There's no legal recourse, if that is what you're looking for. This is not even all that uncommon in Education jobs. Yes, I understand that she is not a teacher but an administrator.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Thanks CBG, That's pretty much what I thought just not real familiar with this type of agreement. I think I was more upset after I started to put the pieces together and realized that this appears to be a decision that was made a while back and the headmaster set her up to fail on a project. I believe the headmaster has someone she would like to fill the position but needs to clear the position first. If that was the case I would rather she just told my wife she would like to make a change so the wife could move on and not second guess herself.
      Last edited by rzmd; 03-14-2016, 11:10 AM.

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      • #4
        You're making the quite possibly erroneous assumption that this necessarily has anything to do with your wife and her work. It's quite likely simply a headcount and budgetary issue.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Originally posted by cbg View Post
          You're making the quite possibly erroneous assumption that this necessarily has anything to do with your wife and her work. It's quite likely simply a headcount and budgetary issue.
          Thats very true, anything is possiable but I dont think that is the case since the wife is running the department and they will need someone there. Then again I may just be jaded after working in managment for the last 23 years.

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          • #6
            Unless she has a binding contract re guaranteed employment for a certain period of time, it is not illegal to terminate her & later offer the same job to someone else. She just can't be terminated due to a reason prohibited by law such as race, religion, gender......

            She should apply for unemployment ins. - the state will decide if she qualifies.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              Thanks Betty, yeah that's pretty much what I told her to do.

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              • #8
                Even if they do have someone else in mind for the job, they can not renew her for next year. It is common to time renewals and non-renewals with the academic year.
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                • #9
                  I know this is an old topic but it finally cam to a resolution last week. The headmaster released my wife from employment. Not really happy with the reason (wife provided the budget, but the headmaster over spent and was called on the carpet. When she thought her job was threatened she laid the blame at my wife's feet because she didn't tell her not to overspend) but Maryland is a right to work state, so not much she can do about it. I also found out through an outside source that this firing was discussed at length with a mutual business acquaintance not affiliated with the school, but again no rules broken just a little unethical. I believe this was done in a vindictive way, because this person could have been a potential employer. Unfortunately for my wife she actually like working there, but when you have a manager that tells her she has no idea how to read a schedule running the school, and is in over her head this is what happens. Thanks for the input earlier, now onto life's next adventure.

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                  • #10
                    "Right to work" means that you cannot be forced to join a labor union. You probably mean "employment at will".
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

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                    • #11
                      DAW you are correct, this was a long morning.

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