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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
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Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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If my position in a school district as a coordinator (administrative

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If my position in a school district as a coordinator (administrative contract) has been eliminated but the district did not notify me in writing 4 months in advance of my termination, does WI state statute 118.24 protect me? In other words, do I have a case to require the district to honor my contract for 2 years?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Are you saying that you are "a school district administrator", "a business manager", or an "assistant to such persons?"
Customer: replied 1 year ago.

I am the Data and Assessment Coordinator and my supervisor is the Director of Curriculum, Instruction and Assessment. I was not fired. My position was eliminated and the district created 5 new coaching positions that I had the opportunity to apply for. I chose not to as it was a reduction in pay as well as benefits. They have not notified me nor can I find anything in the school board minutes other than the approval that my position had been eliminated.

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for the additional information. Unless you are in one of the positions that I listed, which are the positions that are protected under the statute that you cited, then the statute doesn't apply to your position. That would mean that unless there is some other job protection in your school district policies, you would not be entitled to the 4 months notice.

In other words, you have to meet the position requirement of subsection (1) to be entitled to the protections of that statute. If you are in one of those positions, then yes, they would have had to give you 4 months notice or they will owe you a 2 year contract/wages.

If you have not seen the statute, you can find it here: http://docs.legis.wisconsin.gov/statutes/statutes/118/24

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.

Based on my contract language, I am an administrator. I guess I am confused about this language as I am not a principal, director, or superintendent. My position, benefits, retirement, etc. is as other district administrators (principals, asst principals, and instructional directors). If this clarification doesn't help you answer my question, where do I go next to determine if I am covered under 118.24? Thank you.

Expert:  Marsha411JD replied 1 year ago.
Thank you for your reply. Ultimately your only recourse to settle whether this statute applies to you if the school district has not given you 4 months notice, is through litigation. You can attempt to appeal this decision with a letter to the District saying that you believe they violated the statute. However, I am guessing that they will likely determine that your position does not fall within the language of the statute, and that is why I am saying that ultimately a court has to decide what the legislature meant when they used the terms "...a school district administrator, a business manager and school principals and assistants to such persons."

I can tell you that from the limited amount of information I have, the statute does not appear to apply to you, because the entire statute implies that these positions are only the senior positions in the school and the direct assistant to the senior principal or administrator and not to all assistance and administrators. But, my opinion is not what ultimately matters. It is a court's opinion if the District says the statute doesn't apply to you. So, I might recommend that either you, or a local employment law attorney, write them a letter and assert that the statute does apply to you and that they did not comply with the 4 month notice and therefore you should be either place in another 2 year contract or paid for 2 years and see what they say.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17535
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Did you look at the WI state statute 118.24(8)? This is where I believe my job/position is covered. However, the issue that is undetermined is what is my status? I have been told that it is NOT a non-renewal. I was not laid off, terminated, dismissed, fired, etc. My job was eliminated. I cannot find anywhere in state statutes, district policies or handbooks that I have any protection. This is the concern for which I am seeking advice. Thank you.
Expert:  Marsha411JD replied 1 year ago.
Hello again,

Yes, that is the section of the statute that I discussed in detail in my previous answers to you. As I mentioned, the way I read it, you would not have protection. However, the key would be what the court thought the terms I put in quotes mean and whether your job fits there. There is nothing in the statute that limits its application to only terminations, dismissals, firings, etc. It says "nonrenewal" period. So, if a court finds that your position falls under the statute, it wouldn't matter if they are eliminating the position, the statute says notice for "nonrenewal." In any event, as I mentioned before, you need to sit down with a local employment law attorney and get their assistance and representation in this matter, since they would be the only ones who can actually represent you and advocate for you with the employer.

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Licensed Attorney with 28 yrs. exp in Employment Law