Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

I am a 1st year public school teacher in Minneapolis MN school

district. My situation is a...
I am a 1st year public school teacher in Minneapolis MN school district. My situation is a bit convoluted, so bear with me. On Thursday, I was called into the principal’s office and told that there was a high shortfall in the budget and I would not be rehired next year. My principle gave me the choice of going through with the “no rehire” and being ineligible to ever work in the Mpls school district (a very large inner city school district) again or resigning on the spot. “Paper work is due tomorrow.”

I have a professional development team that is supposed to help and support me through out my 1st year and they make recommendations as to whether I should stay or go. My team was split down the middle in their recommendations. The interesting thing is that all of the team members gave me the same score on my spring summary. On a scale of 1 to 4, I got a 2. Nobody gets a 4 and a 2 is not bad for a 1st year. It was rough beginning. I was hired the week before classes started and I had large class sizes. 40+ students who are traditionally challenged by public education and have a very low graduation rate, but we did make slow but steady progress.

Probationary teachers can really be let go for any reason, except that I signed a Memorandum of Agreement with Indian Education (I work with American Indian children). Part of the MOA is that MOA teachers can’t be fired due to budget cuts, excess teachers, etc, due to the high turn over rate of 1st year teachers who usually land that job.

Here’s what I think: I think facing budget cuts, the principal decided to let me go. She couldn’t lay me off due to budget cuts because of the MOA, so she bullied me into signing a resignation by threatening to ruin my career in Minneapolis. I’m contacting the Union on Monday, but does any of this sound shady to you?
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 8 minutes by:
3/31/2013
JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20,233
Experience: Assisting employees and employers for over 14 years.
Verified
Welcome and thank you for your question!

I am sorry to learn of the facts you've described. If you are a member of a union, do you have a copy of your union contract in front of you?
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

I don't have my contract in front of me, but I do have the MOA.


 

Thank you. Is it your claim that your principal is violating the MOA?
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

Yes. Like I said a 1st year teacher can be let go due to budget cuts, although I believe that would be a layoff, not a no rehire, meaning the teacher did nothing wrong and would be eligible for rehire within the district. I was told that I had to agree to a no rehire meaning I'm not qualifed or had violated some policy and would not be eligible for rehire, or sign a resignation because the MOA states that, "commitment and compliance with these requirements will allow teachers to be protected from district wide layoffs, bumping and placement of excess teachers."


 

If it is your position that the principal is violating the MOA, then your exclusive recourse is to go to your union and file a grievance against the principal's actions (as violating the MOA).

That is the only available recourse (follow the union contract grievance process).

Have I answered all of your questions?
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

Thank you. I knew I would have to go through the union, I just thought you might be able to offer some additional insight or advice.

If you did not have a union but had a written contract that was being violated, the recourse would be to sue for breach of contract.

However, since you have a union, the recourse is limited to the procedure outlined in the union collective bargaining agreement (and you said that you do not have a copy of that). This is the grievance process. You are limited to filing a grievance to protect your rights.

If you did not belong to a union and if you did not have a written contract, you would have zero recourse against the employer.

Have I now done a better job of outlining the different considerations and what you are limited to?

~~ J.B.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

Yes. Thank you. I do have a contract, I just can't remember the "safe" place where I put it. I'm actually not a full member of the union, I'm what you call a fair share member. I pay less and receive fewer services. I get grievance representation, but no legal assistance for lay-off hearings, or terminations and no attorney representation.


 


Also the MOA is a separate contract between Indian Education, the district and individuals who have signed.


 

Thank you. What language, if any, does the MOA include about the recourse for any disputes?
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

"Should conflict occur between the two parties, steps shall be taken in order to arrive at a mutually agreeable solution. if the parties are unable to reach agreement themselves, neutral, outside facilitation/mediation will be engaged to resolve disagreements on programs and policies that impact the the implementation of the MOA and have direct impact on American Indian students in MPS."


 

Thank you. Thus, from that language, you are not able to sue for breach of contract but, rather, you and the school agree to hire an outside mediator or facilitator to try to work out the differences.

If you want, after meeting with the union, you may want to inform the principal in writing that you want the mater to go to mediation.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20,233
Experience: Assisting employees and employers for over 14 years.
Verified
JB Umphrey and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask JB Umphrey Your Own Question
JB Umphrey
JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20,233
20,233 Satisfied Customers
Experience: Assisting employees and employers for over 14 years.

JB Umphrey is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

20,233 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
My company is going through layoffs and co-works of mine
My company is going through layoffs and co-works of mine have been laid off but I have not. The workload has become unbearable and the culture toxic, can I request to be laid off, is that a thing? If … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
Dispute of Corrective Action Report by Lowe's Now, I'm no
Dispute of Corrective Action Report by Lowe's Now, I'm no longer with Lowe's (store #12) as of 10/30/2017 I was terminated due to a: Class A safety violation. This corrective action report stated wron… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can an employer put someone on a paid LOA and then terminate
Second opinion] can an employer put someone on a paid LOA and then terminate them after the LOA end date?… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
In Minnesota- Termination Notice from Company Director of my
In Minnesota- Termination Notice from Company Director of my Independent Sales Reps Contract in their words : " The " Company " will no longer utilize the Manufacturer Representative of Global Special… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
Can an employe be terminated for talking about joining a
can an employe be terminated for talking about joining a union … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
I was terminated from my company then the termination was
I was terminated from my company then the termination was broadcasted via text to all the other agents. Are the disparaging remarks open to a suit? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can an employer layoff an employee while the employee is on
can an employer layoff an employee while the employee is on Disability? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I received a layoff notice. I'm the senior and Union member.
I received a layoff notice. I'm the senior and Union member. The Union, Administration and Human Resources never admitted that they breach or violated the Contract between the Employer and the Union. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
I will go into arbitration after my company gave me layoff.
I will go into arbitration after my company gave me layoff. They breach the Union contract. I need a lawyer?… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Last July I had a 1 week layoff, then the following week
Last July I had a 1 week layoff, then the following week vacation. I claimed 1 week for unemployment and claim my vacation pay for the next week. I got paid for my one week layoff. Then in Oct. I rece… read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
Columbia University gave me layoff. 1199 member and the
Columbia University gave me layoff. I'm Union 1199 member and the Senior (27 years +) working there. The day Administration, Human Resources and Union gave the written notice I told then that my under… read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
In the state of, how is a layoff defined? My employer is
In the state of Washington, how is a layoff defined? My employer is disbanding my team and therefore my position is being phased out. The "default" position they are giving me is different and they ar… read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
I took a Voluntary layoff with a separation package in Feb.
Hello -I took a Voluntary layoff with a separation package in Feb. The company has a TAA petition that expires in Nov. I knew my job was over in June / July. To be able to take the TAA window in time … read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
I have a question about a breach of contract from a job I
I have a question about a breach of contract from a job I was let go from … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
Do I have to pay my employees during layoff time in
do I have to pay my employees during layoff time in Colorado … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I got layoff notice from my employer last Friday, State,
Hi JA: Hi. What do you want help with? Customer: I got layoff notice from my employer last Friday JA: Because employment law varies from place to place, can you tell me what state this is in? Customer… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need to dispute my termination. Its a trucking job
i need to dispute my termination JA: Have you documented this or discussed it with HR? Customer: no JA: Is the employment agreement "at will," union, full time or part time? Customer: its a trucking j… read more
Bill Attorney
Bill Attorney
law
1,415 satisfied customers
Just curious if my husband could file a breach of contract
Hi-- just curious if my husband could file a breach of contract complaint towards his past employer? they had an employment agreement, and in the employment agreement it states that if he was terminat… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x