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Are you in a private school? It's my understanding that a public school can hold you to contract~whether it's weeks, days or months or until they find a replacement. If it's a charter school or any institution contributing to or in any way connected to MEA, be careful in that they can pull your teaching certificate for breaking a contract.
On the other hand, you deserve the opportunity to work in a supportive environment. Good Luck!
Are you in a private school? It's my understanding that a public school can hold you to contract~whether it's weeks, days or months or until they find a replacement. If it's a charter school or any institution contributing to or in any way connected to MEA, be careful in that they can pull your teaching certificate for breaking a contract.
On the other hand, you deserve the opportunity to work in a supportive environment. Good Luck!
Well, they never called on that job (school's done for the day). However, if they had, I don't think I have an issue. Contract or no contract, I think a jury of my peers would side with me in court even if I had to sue the state. It's not right for my principal to tell me he's going to "...cross the t's and dot the i's..." to make sure I don't tenure and then tell me they won't let me out of my contract. Honestly, I have no idea why they brought me back this year given the decision has been made. Someone suggested that they didn't do due diligence last year but given I'm not tenured, they can let me go for having a hang nail.
It has been suggested that this is just bullying and trying to get me to quit because those who want me gone don't have the ammunition to win the battle. I know that student test data backs that I teach my subjects well. That should be the bottom line but there's always politics.
I will continue to look for a job either in teaching or engineering. However, if by some miracle I do tenure, I'd be fine staying where I am. I really like the people I work with. They're very professional and fun to hang around and if I felt I could settle into this job, I could really enjoy it (it's just the politics that stop me from making this mine.). And as my BIL says, "Principals come and go but teacher's stay." If I tenure, which means they have to show cause to fire me or eliminate my position and any other position I could bid it would just be a matter of time before I had a new principal.
Last edited by Ivorytickler; 08-29-2013 at 02:18 PM..
What difference does it make IF they offer you the job? Obviously the new school doesn't care about the situation...AND this should be your last stop for teaching --- right?
When they say they will call either way--They never call because they typically have no reasonable anser for Why not me? Or why was the other candidate better? other than too old or too something...
I have nearly 20 years experience and one district told me the other candidate had more experience with special education students than I did...
Last edited by zthatzmanz28; 08-29-2013 at 02:51 PM..
You break a contract? This is a business decision, I don't know the rules of your state, but I do know that if they wanted you out, they would kick you to the curb whenever they felt like it.
Last edited by jasper12; 08-29-2013 at 05:20 PM..
Reason: edit
According to the Michigan Teacher Tenure act ANY teacher who resigns without 60 days notice can have their license revoked by the state.
I suggest you contact someone at AFT before you do anything.
To be clear if they deny your release from your contract the other school won't let you work for them for the 60 days either. It's illegal.
They'll release me or get sued and I'll sue for enough to retire on. They don't get the right to tell me they are going to deny tenure at the end of this year and the right to hold me to a contract. I only came back because I had nothing else and I'm sure a jury of my peers will side with me. They have too much to lose if they don't release me from my contract. They can't tell me they're going to kick me to the curb at the end of the year and then deny me the opportunity to go to a district that wants me. Once they told me of the intent to deny tenure, all bets were off.
Michigan has at will employment. I'm not sure that 60 days will stand up in court. I'm not an indentured servant and under the circumstances, that 60 days could stop me from taking employment that is permanent when my current employment is temporary. I'd be willing to take this one up to whatever court I had to and I think I'd find a lawyer who wanted to make a name for themselves to take the case. We are talking about my family's continued financial support. The only way I'm staying to the end of this year and facing denial of tenure is if I don't find another job. Under the circumstances, I don't think it is reasonable of them to assume I am not looking and they should realize I will take the first thing that comes along that gets me out of this situation. If they cost me that job by refusing to let me out of my contract, it will be time to lawyer up and I will sue for enough to retire on since they cost me a job that could have been permanent. I don't think they're going to risk that. I think a jury would side with me on this one when it came to a monetary settlement.
What is AFT?
Last edited by Ivorytickler; 08-29-2013 at 06:29 PM..
According to the Michigan Teacher Tenure act ANY teacher who resigns without 60 days notice can have their license revoked by the state.
I suggest you contact someone at AFT before you do anything.
To be clear if they deny your release from your contract the other school won't let you work for them for the 60 days either. It's illegal.
That is absolutely critical. Quitting a public school teaching job without adequate notice is a MAJOR, MAJOR offense, and you can have sanctions on your license, which in turn can wreck your chances of ever working in education again.
They'll release me or get sued and I'll sue for enough to retire on. They don't get the right to tell me they are going to deny tenure at the end of this year and the right to hold me to a contract. I only came back because I had nothing else and I'm sure a jury of my peers will side with me. They have too much to lose if they don't release me from my contract. They can't tell me they're going to kick me to the curb at the end of the year and then deny me the opportunity to go to a district that wants me. Once they told me of the intent to deny tenure, all bets were off.
Michigan has at will employment. I'm not sure that 60 days will stand up in court. I'm not an indentured servant.
What is AFT?
ALL states have "at-will" employment. That is neither here nor there. If you are a contracted, public school teacher, you HAVE to give adequate notice so you don't have license sanctions.
You are presumably breaching a contract if you leave whether or not you have a continuing contract (misnamed "tenure"). When a school district fires you, it is also breaching a contract, which is why (in most states anymore, not all), teachers have a right to due process if "tenured."
ALL states have "at-will" employment. That is neither here nor there. If you are a contracted, public school teacher, you HAVE to give adequate notice so you don't have license sanctions.
You are presumably breaching a contract if you leave whether or not you have a continuing contract (misnamed "tenure"). When a school district fires you, it is also breaching a contract, which is why (in most states anymore, not all), teachers have a right to due process if "tenured."
For the umpteenth time, they cannot produce a contract I signed for this year because I didn't sign one. What I have is an implied at will contract. It's not binding on their end or mine except for time worked and pay given.
I'm willing to take this to court given the circumstances. The district cannot tell me they will deny me tenure at the end of the year, which is a career ending move for me, AND tell me I cannot take a position that gets me out of that situation. If they cost me such a position, I will sue them for the value of that position. I don't think they'll go there. I think they'll get mad but do it because it will cost them a lot of money if they don't. I think a jury will agree that they should not have the legal right to tell me I have to stick around and sacrifice my career for their convenience. They had the option of simply not having me come back this year and allowing me to go on unemployment and chose not to take it. That move would have cost me income but it wouldn't have cost me my career. Denial of tenure kills my career. Given I need my income, it is not reasonable for them to expect me to quit without even being able to draw unemployment. They would, certainly, deny me unemployment by saying I was offered a job and turned it down.
I've said before, I wish they had done just that. Unemployment isn't a lot but it's something. It's better than nothing. It would pay for continued medical coverage for my daughters and I. I could get WIC for the kids if I was on unemployment which will also be denied because I was a voluntary quit. I get nothing if I just quit and they get the option of denying me unemployment as long as they say I can come back. They are the ones who have the choices here.
I think a jury would side with me. Maybe not about the state taking my license but I think they'd award enough that I wouldn't have to worry about that license. I'm willing to bet the school is smart enough to realize they'd likely lose such a lawsuit or at the very least, spend a lot of money defending themselves and they'd look pretty bad in the eyes of the public. Oh, did I mention that this is a community that cares more about what people think than what is real? I'll be very surprised if they let their dirty laundry be aired in this manner and if they try to stop me from getting out of this situation, I will air their dirty laundry.
Last edited by Ivorytickler; 08-29-2013 at 07:03 PM..
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