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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7216
Experience:  Significant experience in all areas of employment law.
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Hi, I am a newly hired teacher in the state of California.

Resolved Question:

Hi, I am a newly hired teacher in the state of California. I signed an employment contract with dates of employment of 08/08/2013 through 06/30/2014. Total days 186 Days. I was hired under Temporary status. I have received two "official" and two "unofficial" poor performance reviews thus far. Would it be possible for the school district to fire me before 6/30/2014 for poor performance? For example, students not paying attention to me in class?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Good evening and thank you for entrusting me to answer your question. I am truly sorry to hear about these struggles.

Education Code 44920 addresses your specific question. That section states in relevant part:

"...the governing board of a school district may employ as a teacher, for a complete school year, but not less than one semester during a school year unless the date of rendering first paid service begins during the second semester and prior to March 15th, any person holding appropriate certification documents, and may classify such person as a temporary employee.

Pursuant to to section 44920, an employee in your circumstance can be terminated prior to the expiration of your one year contract but not before the conclusion of your first semester. In other words, by law you would typically have at least a few more weeks to improve your performance before your school can let you go.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
Customer: replied 1 year ago.

Hi, thanks for your response. From what I understand, the end of the semester will be approximately mid December 2013. So, is mid December 2013 the soonest that they can let me go? Note: My hire date was 8/8/2013 and the official first day of school for the students was 8/14/2013.


 


Also, I talked to the local teacher's union president. And, he said that the school district must give me 30 days notice before I can be let go. Is that true?


 


-Ramir Aguilo

Expert:  Patrick, Esq. replied 1 year ago.
Ramir,

Thank you very much for following up.

"So, is mid December 2013 the soonest that they can let me go?"

Yes, that is correct.

"Also, I talked to the local teacher's union president. And, he said that the school district must give me 30 days notice before I can be let go. Is that true?"

There is no statutory obligation to provide such notice, but if that is what your contract provides (and the union president would know), then the school has that contractual obligation.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Kindest regards.
Customer: replied 1 year ago.

One last question, if they do let me go in December 2014, will I be able to collect unemployment?

Expert:  Patrick, Esq. replied 1 year ago.
No problem.

Yes, you should absolutely be eligible, since you will be unemployed through no fault of your own (only those who are fired for "misconduct" or quit are regarded as unemployed "through fault") and you will have sufficient base period wages to support a claim.

Good luck to you.
Customer: replied 1 year ago.

Ok. Good news, considering my situation. Your service is greatly appreciated. Thank you!

Expert:  Patrick, Esq. replied 1 year ago.
You are very welcome. I'm glad I could provie some direction. Please consider returning to Just Answer in the future if you ever have other legal questions. Have a great night!
Patrick, Esq., Lawyer
Satisfied Customers: 7216
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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