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Joseph
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Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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I am a school district administrator in California. In my current

Resolved Question:

I am a school district administrator in California. In my current position, I have a contract for this school year ending on June 30,2013. There are no provisions in the contract referring to my continued employment being contingent on the quality of my work. As it turns out the position for which I was hired requires skill sets that are weak in me. The title of the position is Instructional Coordinator and the job description has 24 separate items describing the duties. One refers to being able to create accurate documents with MicroSoft Office 2007 software. This is the skill in which I am weak. The other 23 refer to things such as providing instructional support, reviewing curriculum, being a liaison between our organization and the school districts we serve, etc. My boss has told me she doesn't think this arrangement is going to work out because of my weakness in that one area. Can she terminate me and cease paying me even though we have a signed contract until June 30, 2013?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

No, if you have an employment contract in place that does not expire until June 30, 2013, your employer cannot terminate you due to the one skill area in which you are allegedly weak.

If your employer were to attempt to terminate your employment, you would have a cause of action against your employer for breach of contract.
Customer: replied 1 year ago.

I think she may claim that I misrepresented myself during the interview. There isn't a shred of truth to that but I believe in her mind that is what happened. Will that help he case?

Expert:  Joseph replied 1 year ago.
Theroetically, if she could actually prove that you misrepresented yourself during the interview, she may be able to have the contract invalidated for 'fraud,' but that would be very difficult to do.
Customer: replied 1 year ago.

My total compensation package including benefits is $128,000. That is what's stated in the contract. The way I see it she has a few options, 1. Let us work it out and allow me to continue working there and trying to improve my performance in that one area; 2. buy me out; or 3. tell me to stay home and just keep sending the paychecks. Can I insist on the third option or do I have to take what she offers as long as it includes the remaining compensation owed which is about $106,000?

Expert:  Joseph replied 1 year ago.
Unfortunately, you would be obligated to take whatever option that she selects, and would be obligated to continue to work there if you can work it and out.

You wouldn't be able to insist on being able to stay home and continuing to receive paychecks if you are no longer working. (In fact, that would give her the right to cease paying you, since then you would be considered to have breached the contract instead of her).
Customer: replied 1 year ago.

Okay, thanks for the help.

Expert:  Joseph replied 1 year ago.
Thank you; best of luck!
Joseph, Lawyer
Satisfied Customers: 5146
Experience: Extensive experience representing employees and management
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Joseph
Joseph
California Employment Lawyer
5146 Satisfied Customers
Extensive experience representing employees and management