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  • Arizona

    I work at a Charter School in Arizona, under contract, who will expire on 06/01/2011, my pozition waz 'paraprofessional", advance math. teacher.
    Last week I recived a letter of termination from the Administrator , because the school has budget difficulties.
    In the contract ,is stated that the school can terminate an employee for non performance on the job, not for budget difficulties...
    More then that, in the letter, I am appreciated for the good job and I can apply in the future for new positions at the school.
    Did the School broke the law ?
    Thank you
    Margarete

  • #2
    Only an Arizona attorney who can read the contract in full can answer your question. Labor law was not broken. The contract may have been breached, or it may not. We can't tell because we can't read it from here.
    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
      No laws were violated but it's possible your contract was. In order to determine that, you're going to need to show the contract to a local attorney. Assuming you have a viable civil claim to bring, the questions are (1) whether you want to go to the trouble and expense of suing the school over two months salary, and (2) if you prevail, does the school even the resources to pay you? You potentially could pursue this issue in small claims court which would be a much less expensive and more simple process.

      Up to you whether you want to go down this legal path or whether you just want to let this go. You certainly should apply for unemployment benefits if you haven't already.

      Comment


      • #4
        Math teachers aren't paraprofessionals. Are you under a teaching contract or a parapro? Makes a huge difference. Also, are you just not being asked back for next year or are they cutting you loose mid-year? Also makes a huge difference.

        You say charter school. Does that mean public charter or is this a private charter? Again, it makes a world of difference.
        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.

        Comment


        • #5
          Arizona

          Originally posted by ElleMD View Post
          Math teachers aren't paraprofessionals. Are you under a teaching contract or a parapro? Makes a huge difference. Also, are you just not being asked back for next year or are they cutting you loose mid-year? Also makes a huge difference.

          You say charter school. Does that mean public charter or is this a private charter? Again, it makes a world of difference.
          In the contract, my position is "paraprofessional", but I teach advance math for students grade 7 & 8.
          The school is a private charter school.
          They terminated me, last week, 2 months before the end of the school year.

          Comment


          • #6
            In this case you are down to plain old contract law. Had you been a teacher working under a teaching contract for a public school, it would be different. They did not break any laws per se, but they might have breached the contract. For that, you need to see a lawyer in your area specializing in contract law.
            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.

            Comment


            • #7
              Margarete

              Originally posted by ElleMD View Post
              In this case you are down to plain old contract law. Had you been a teacher working under a teaching contract for a public school, it would be different. They did not break any laws per se, but they might have breached the contract. For that, you need to see a lawyer in your area specializing in contract law.

              Thank you,
              Margarete

              Comment


              • #8
                margarete

                Originally posted by ElleMD View Post
                In this case you are down to plain old contract law. Had you been a teacher working under a teaching contract for a public school, it would be different. They did not break any laws per se, but they might have breached the contract. For that, you need to see a lawyer in your area specializing in contract law.

                I look again on my contract; on line 3.Term of Agreement: (school name)has the right to terminate this Agreement prior to such ending date, based upon your performance.

                "Compensation:...your compensation is subject to the continued availability of state funds for charter school under Arizona law, as amended from time to time, and may be increased or decreased base upon the level of state funding provided at the time this Agreement is signed."
                Reading this, look like this is a Public Charter School, not private., I'M sorry!
                This new information will change what I have to do ?
                Thank you, you are a very nice person who want to help me.
                Last edited by Betty3; 04-06-2011, 07:47 AM. Reason: remove name of school

                Comment


                • #9
                  Most private schools receive some funding from the state so that isn't necessarily indicative of public/private status. You know who employs you though. Are you an employee of the local school system or not?

                  Based on the wording of your contract, I would say it sounds much more like you are a parapro than a teacher. If it can be terminated at any time for performance, it might not even be an actual contract that you signed but rather more of an offer letter. Offer letters do not hold the same force as a contract. To find out for sure, you really need to have it reviewed by a local contract law attorney. That type of language would be highly unusual in an actual contract, but there may be other aspects of the document which push it into contract status.

                  I would remove the name of the employer however a quick search turned up two charter schools with that name; one public, one private.
                  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.

                  Comment

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