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Teacher resigns before holiday California

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  • Teacher resigns before holiday California

    Hi, I'm a teacher and I resigned from my position on the last day of school (Friday) before Christmas break. I resigned unexpectedly for both myself and my school due to family illness.

    In my resignation letter I said that I was resigning effective January 1, even though I sent the letter in mid December. If the school accepted my resignation effective January 1 (they sent me a letter saying so), do they have to pay me for the 2 weeks of winter break between the date I sent the letter and the date the letter is effective? Technically I did not work those last 2 weeks, but no teachers worked because it was holiday break.

    Payroll deducted those last 2 weeks of pay from the final check they owed me for tutoring I did in December, is that fair? Just making sure, thanks!

  • #2
    With a single exception that applies only to some employees in NH, no employer has a legal obligation to pay you beyond the last day you actually worked. If you did not work the last two weeks in December, they do not have to pay you for them, regardless of what date you made your notice effective.

    The above presumes that no legally binding contract or CBA specifically says otherwise.
    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
      Agreed with last answer. However, I am uncomfortable anytime the word "teacher" is mentioned. There historically have been some fairly strange legal payment methods associated with teachers, such as spreading out the pay over 12 months even when 9 months only are worked. I know just enough about teachers pay to avoid answering these types of questions, because I have never bothered learning the related nuances.

      Past the contract and/or historical practice issues.
      - Teachers have a strange FLSA Exempt exception under the Profesional classification. As in the normal "salaried basis" rules do not apply to them.
      - Teachers may work for governmental employers (or not), meaning that the overtime rules may legally be replaced with comp time rules (or not).

      I seem to remember that we have one regular responder (maybe ElleMD) who know about teachers issues.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        Yep - that's Elle. Maybe she will come along.
        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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        • #5
          Which is one reason I added the qualifier...laws involving public school employees can be weird. Private schools, not so much.
          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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          • #6
            Thanks for the replies, though now that means I'm out a couple hundred As far as teaching contracts go, YES, they are confusing and I am always having to ask other people to explain the contract to me.

            As far as being a 10 month employee and being paid 12 months, it's nice so you don't have to worry about paying your bills over the summer, but I never thought about it as strange, I guess that would be really odd for any other industry And overtime is not paid, or else I'd be a millionaire!

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            • #7
              But is it the case that when they accept your resignation in advance that changes a voluntary termination into an involuntary termination?

              If so, might that affect unemployment? Even if only 2 weeks worth?

              Thanks.

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              • #8
                Originally posted by Psycorps View Post
                But is it the case that when they accept your resignation in advance that changes a voluntary termination into an involuntary termination?

                If so, might that affect unemployment? Even if only 2 weeks worth?

                Thanks.
                Yes, it might. Actually, one week, since there is a one-week waiting period in CA.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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