Vent about job

[BLTtinkerbell]

I work at a school and was told at the end of the school year that my job was being cut and I was offered a different position for this school year. The new job is part-time. I took the job because I still wanted to work at the school. Well, school started & I found out a person was just hired for my old job. What would you do?

 

[Rafiki31]

I would call and ask for an explanation. Sounds a LOT sketchy to me.

 

[JoiseyMom]

I would talk to your supervisor, or the person that said your job was being cut. I don't know if they can legally fire you from a job that is being cut, and then not cut the job. That sounds like a law suit ready to happen. If they say well we got the funding back, then they should have offered you the job first.

Good Luck.

 

[disney1990]

Are you union?

I don't now about your state, but in Maryland, you can be terminated without any reason whatsoever unless you are in a union. It is an at-will state.

 

[BLTtinkerbell]

Thank you for responding. Right when I realized that there was a new person in my old position, I asked my direct supervisor about it. She said she was shocked that the principal hired this new person without talking to me about it first. I feel I can trust my supervisor as she has never given me any reason not to. I went to the principal's office, but she was in a meeting. I emailed her & explained that I was shocked & disapointed and wanted to know what happened. She claimed that she didn't think I wanted that job anymore as I had a new position. Is she kidding me?!?!? My old job was full time & this is part-time, Why on earth wouldn't I want my old job back?!?!? I emailed back saying that I would rather talk about this in person & for her to let me know when would be good for her. She hasn't responded. This job wasn't posted either. I can't see how that was allowed. Also the person hired didn't even work at our school before and her child is in the class that she will be working in. That just seems crazy!

I should tell you that I am not a teacher, but a teacher assistant. Therefore, I don't have a contract and am not in a union. That has always bothered me, because they don't have to offer you a job for the next school year.

I feel like calling HR, if she doesn't respond to me.

Any other suggestion or comments?

Thanks for letting me vent.

 

[Handbag Lady]

Call HR anyway and call them now.

 

[BLTtinkerbell]

Call HR anyway and call them now.

They are closed now, but I am seriously thinking of calling in the morning.
This principal has done other things like this to other staff in the past and worse things. No one ever calls HR because they are afraid of what will happen if they do. I feel like I just can't let it go. It will bother me the entire school year.

 

[Kteacher]

Word of advice- if you meet with your principal or HR, bring someone with you so there is a neutral third party present in case there is a question regarding what was said during the meeting. A lot also depends on your state-as someone mentioned in some states school employees are "at will" employees. Since you are non-union I'm assuming you either had no contract or a year-to year contract. Unfortunately there's not much you can do if you had no contract .

 

[BLTtinkerbell]

Word of advice- if you meet with your principal or HR, bring someone with you so there is a neutral third party present in case there is a question regarding what was said during the meeting. A lot also depends on your state-as someone mentioned in some states school employees are "at will" employees. Since you are non-union I'm assuming you either had no contract or a year-to year contract. Unfortunately there's not much you can do if you had no contract .

I don't have a contract at all. In our school system, teaching assistants and aids don't sign a contract and that is a huge problem for us. At the end of each school year, we find out if we are needed for the next year or not. Even without a contract, I still feel it is not acceptable to offer an outsider my old job without talking to me first. Do you think it makes sense to call HR, even though I didn't have a contract? I'm starting think that if this is the way the school can do things, there is no reason to want to work there. What incentive do we have to return each year?
Also, you suggested bringing a neutral third party. Could that be another staff member (if they are willing to go)?

Thanks for the help.

 

[minniecarousel]

I'd hold off on calling HR until you talk to the Principal in person. I work at a school office and I am in a Union. We are informed at the end of each school year whether we're being retained or if our job is getting terminated. Anytime a person is terminated, they are interviewed first for any openings that they are qualified for (within the entire District - not just our site).

Not being in a Union, I'm not sure what HR with the School District can do for you. But I would insist on talking to the Principal tomorrow, and if that doesn't happen, I'd be calling HR for guidance.

 

[Kteacher]

Yes-see if another staff member will go with you. As a union rep, that is always my first advice to staff members-never meet with mgt. alone.
It sounds like you are an "at will" employee, which means that mgt. doesn't need to give you a reason if you are terminated. In addition, without a contract there is no language protecting you regarding reinstatement after RIFs (reduction in force).
Whatever you do, don't send emails to mgt. when you are upset-before you hit that send button read, re-read, and re-read again to make sure you want something as permanent as an email (these can end up in personnel files).
You can also see if there are other positions available-let HR know that you are interested in a f/t position in your school district.
Good luck

 

[BLTtinkerbell]

Thanks everyone, I really appreciate all the advice & comments.

The reason I emailed the principal is because I couldn't get to her in person & wanted to let her know how I felt about the situation before too much time passed. I am always careful when I email her & actually feel like it might be good to have her email reply stating she didn't think I wanted the job. I know that school email becomes public record and I think this could help me because I saved past emails between us stating that if anything changed, I was interested & her reply was that she would be sure to let me know if anything changed or if there were any other openings. She did not let me know that my last job was available again.
Also, HR has said in the past that all openings need to be posted & this job was not posted. Futhermore, HR has said in the past that staff cannot work in their own child's classroom & yet this new person will be an assistant in her own child's class.

 

[JoiseyMom]

Word of advice- if you meet with your principal or HR, bring someone with you so there is a neutral third party present in case there is a question regarding what was said during the meeting. A lot also depends on your state-as someone mentioned in some states school employees are "at will" employees. Since you are non-union I'm assuming you either had no contract or a year-to year contract. Unfortunately there's not much you can do if you had no contract .

At will wouldn't matter in this case. She was told her job was being cut and she would be not needed. That is not the case. She was lied too. If they said we do not want your for full time next year but we can offer you a part time position, that would be different. They have her a reason for letting her go. Once you do that you hold yourself open. This principal screwed up big time!

Also, they legally have to post the job opening, and they didn't do this. They really screwed up. This can put the school district in deep water!

 

[Normangirls]

Any employee in an at-will state, if they do not have a contract, can be terminated at any time for any legal (non-discriminatory) reason, or for no reason at all.

In a nutshell, if you are an at-will employee and were not let go because of your age, race or gender, it was not illegal.

Just because a company (or school district) has a policy and doesn't follow it, that does not mean it is illegal. Wrong, stupid, short-sighted and irresponsible, but not illegal.

BTW, I am an H.R. manager, and I hear things like this all the time (NOT from my employees! But from friends, family, vague acquaintances, the guy at the grocery store, our neighbor, you get the idea). I tell them it is generally not against the law to be a jerk, and the next step is usually to look for another job.

 

[tinatark]

I think it doesn't matter *why* they told you you wouldn't be needed at your previous job - you state aides are not contracted. Maybe they thought they didn't need the f/t position filled, and later realized it was necessary. My sister is trying to get a para-pro job in GA, she says they "know" who they want to hire when most of the jobs are posted, anyway.

Maybe there are other factors you aren't aware of as far as why it wasn't offered to you. Since you still have to work with/for the principal, I would be cautious of making waves, talking legal action, etc...

 

[marlynnp]

Any employee in an at-will state, if they do not have a contract, can be terminated at any time for any legal (non-discriminatory) reason, or for no reason at all.

In a nutshell, if you are an at-will employee and were not let go because of your age, race or gender, it was not illegal.

Just because a company (or school district) has a policy and doesn't follow it, that does not mean it is illegal. Wrong, stupid, short-sighted and irresponsible, but not illegal.

BTW, I am an H.R. manager, and I hear things like this all the time (NOT from my employees! But from friends, family, vague acquaintances, the guy at the grocery store, our neighbor, you get the idea). I tell them it is generally not against the law to be a jerk, and the next step is usually to look for another job.

Exactly!

And New Jersey is an 'at will' state.

In New Jersey, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it's not illegal. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. In New Jersey, if an employer shows express proof that an employee is employed at-will, even an implied contract will not overcome the presumption of at-will employment.

 

[mumom95]

At our school educational assistants are basically hired on a year to year basis. So there is never any guarantee that you will have your job next year. A lot of it depends on funding.

It wasn't very professional of them to tell you the position was being cut, if it wasn't. And the principal's response that she thought you didn't want it sounds like an excuse. But if your school is like ours, legally they are allowed to do what they did, because positions are pretty much just year long positions.

 

[bicker]

She claimed that she didn't think I wanted that job anymore as I had a new position. Is she kidding me?!?!?

Unless you have a specific reason to think that the principal was specifically targeting you personally, I'd believe her claim in this regard. A lot of folks invest most of their effort toward moving forward and completing the work that they need to.

 

[manning]

At will wouldn't matter in this case. She was told her job was being cut and she would be not needed. That is not the case. She was lied too. If they said we do not want your for full time next year but we can offer you a part time position, that would be different. They have her a reason for letting her go. Once you do that you hold yourself open. This principal screwed up big time!

Also, they legally have to post the job opening, and they didn't do this. They really screwed up. This can put the school district in deep water!

Bingo! when you fire at will you don't give a reason, just we are terminating you. Giving a reason opens up a whole can of worms.