-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
abolished and will be a rehire?
- Thread Starter ctwith3
- Start date
- Status
cbg
Super Moderator
If your job is abolished then you are unemployed. When and if you are rehired then you will be employed again. If you are hired back at full time then you will be a full time employee; if you are hired back at part time then you will be a part time employee. But during the period of time between the abolishment of your job and the potential hire back, you are not an employee at all.
The cost of your health insurance implies that you are on COBRA. Being on COBRA does not affect your employment status.
The cost of your health insurance implies that you are on COBRA. Being on COBRA does not affect your employment status.
I apologize, it was late when I posed this question to the forum.
!. I am a teacher
2. My F/T position was abolished starting June 30th, 6 days after school ended.
3. The P/T position is being created at 60% of F/T September 1st, and I am being recalled because I was the only person in my department- I also have been there 9 years and have tenure.
4. Ablishment is not what happens at the end of the school year, you simply return to work for 2 days before classes begin.
5. The medical insurance cycle is from July 1st to June 30th.
6. Medical coverage remains unchanged during the summer, they spread the employee contribution portion for July & August over the 10 months we work.
7. My medical coverage increase is proportional to the percentage my position is cut back compared to my previous F/T position.
8. We do not get paid for the summer.
9. They want me to create new course sequences over the summer (even though my position was abolished).
10. My union will no longer offer me and my family dental benefits because my position was abolished, and when I start the new position in September, I will only be a P/T employee.
11. I was allowed to take my laptop home for the summer, just like every other summer.
12. My email account, and access, remain unchanged.
13. My cut back is not due to economic or conduct issues- they want to try some new trendy programs.
!. I am a teacher
2. My F/T position was abolished starting June 30th, 6 days after school ended.
3. The P/T position is being created at 60% of F/T September 1st, and I am being recalled because I was the only person in my department- I also have been there 9 years and have tenure.
4. Ablishment is not what happens at the end of the school year, you simply return to work for 2 days before classes begin.
5. The medical insurance cycle is from July 1st to June 30th.
6. Medical coverage remains unchanged during the summer, they spread the employee contribution portion for July & August over the 10 months we work.
7. My medical coverage increase is proportional to the percentage my position is cut back compared to my previous F/T position.
8. We do not get paid for the summer.
9. They want me to create new course sequences over the summer (even though my position was abolished).
10. My union will no longer offer me and my family dental benefits because my position was abolished, and when I start the new position in September, I will only be a P/T employee.
11. I was allowed to take my laptop home for the summer, just like every other summer.
12. My email account, and access, remain unchanged.
13. My cut back is not due to economic or conduct issues- they want to try some new trendy programs.
Last edited:
cbg
Super Moderator
So what does your union contract say about your status? And why does it matter?
My weak union contract states that a teacher can be excessed if s/he is not needed, but they must recall the person with the most seniority if there is an opening. However, nothing is mentioned about abolishing and re-creating positions because this is a new administration, and a practice we have never seen before.
It matters because they claim they never authorized the after-school club I was an advisor for, and they owe me $1725- the club was their idea, but the only paper trail is the P.O. and invoice, the attendance sheet, sand my request for payment.
The club was the principal's idea; he authorized a $800 P.O. for the necessities of the club, yet he is sticking to his claim that he never authorized it. The purchase was for something very specific, and if he wasn't authorizing the after-school club, why did he sign off on the $800 P.O.? It is a was stipend position, and I was required to take attendance to verify that theg there were club meetings. He claims there were notifications to hand-in the attendance, but I didn't see them, and the news folder in our email system doesn't have any such notification- I printed the list of postings for evidence, and I have all of my old stipend paycheck stubs. The principal is new, and I was the advisor to other clubs in the past. I always put my request for the payment of my stipend the last day of school, regardless of the reminder to submit requests for stipends in the first week of June. The only consequence for handing in the request for payment late is that you don't get your money the last day of school; however, I like getting that check in July because I don't get paid again until September.
The union in my district is useless, and if I am not an employee I don't think I am required to go to the union. Then, I can go to the Dept. of Labor- the district won't play games with them, but they will if this process goes through the union, and it will be the spring before I see that money, if I do at all.
It matters because they claim they never authorized the after-school club I was an advisor for, and they owe me $1725- the club was their idea, but the only paper trail is the P.O. and invoice, the attendance sheet, sand my request for payment.
The club was the principal's idea; he authorized a $800 P.O. for the necessities of the club, yet he is sticking to his claim that he never authorized it. The purchase was for something very specific, and if he wasn't authorizing the after-school club, why did he sign off on the $800 P.O.? It is a was stipend position, and I was required to take attendance to verify that theg there were club meetings. He claims there were notifications to hand-in the attendance, but I didn't see them, and the news folder in our email system doesn't have any such notification- I printed the list of postings for evidence, and I have all of my old stipend paycheck stubs. The principal is new, and I was the advisor to other clubs in the past. I always put my request for the payment of my stipend the last day of school, regardless of the reminder to submit requests for stipends in the first week of June. The only consequence for handing in the request for payment late is that you don't get your money the last day of school; however, I like getting that check in July because I don't get paid again until September.
The union in my district is useless, and if I am not an employee I don't think I am required to go to the union. Then, I can go to the Dept. of Labor- the district won't play games with them, but they will if this process goes through the union, and it will be the spring before I see that money, if I do at all.
cbg
Super Moderator
You can go to the DOL regardless. Since it involves payment for when you WERE an employee, your current status is irrelevant.
Okay, thank you.
The reason I ask is because one time a colleague contacted the Dept. of Labor and they were told they had to go to the union.
I would still like to know what my current status is considered, unemployed, employed? I find it strange that my position was
abolished but they are paying for 50% of my medical coverage.
Creating course sequences is a teacher's duty. If I am unemployed, I'm not doing anything for them- especially in light of the fact they refused to pay my stipend. They will want to know why the work wasn't completed, and hold it against me if they can. If I can truthfully respond by saying, "I was unemplyed over the summer," then they have no grounds for writing me up for dereliction of duty. Therefre, knowing my status is important.
The reason I ask is because one time a colleague contacted the Dept. of Labor and they were told they had to go to the union.
I would still like to know what my current status is considered, unemployed, employed? I find it strange that my position was
abolished but they are paying for 50% of my medical coverage.
Creating course sequences is a teacher's duty. If I am unemployed, I'm not doing anything for them- especially in light of the fact they refused to pay my stipend. They will want to know why the work wasn't completed, and hold it against me if they can. If I can truthfully respond by saying, "I was unemplyed over the summer," then they have no grounds for writing me up for dereliction of duty. Therefre, knowing my status is important.
cbg
Super Moderator
I've already given you the answer according to the law. If you have a union contract that says otherwise, then the contract holds.
The union may require that you go through them first. The DOL will not. They may suggest that you go through the union first, but if you insist on filing a claim they will accept it.
Who is and is not paying for your medical insurance has nothing whatsoever to do with your employment status. There are legal and valid reasons why an employee may be paying for 100% of the coverage, or why an employer may be paying 100% of it for someone who is no longer employed. It is simply not a binding factor.
The union may require that you go through them first. The DOL will not. They may suggest that you go through the union first, but if you insist on filing a claim they will accept it.
Who is and is not paying for your medical insurance has nothing whatsoever to do with your employment status. There are legal and valid reasons why an employee may be paying for 100% of the coverage, or why an employer may be paying 100% of it for someone who is no longer employed. It is simply not a binding factor.
Hi,
You sound like you are getting frustrated, and if I have frustrated you I apologize.
I have been on meds for 3 years, I just found out I am probably going blind, and work stressed me out to the point that the amount of meds I now need screws up my short-term memory and ability to concentrate; which is why my posts, including this one, took me a long time to write. I am not the person I used to be.
I now see you that did answer - my brain must have turned to teflon, and your answer slid off.
As far as the medical insurance goes,I needed to know if the coverage caused me to be bound to them because I just don't want to do anything for them, and I don't want them to be able to write me up for insubordination and/or anything else.
Again, thank you for your help, and I'm sorry I tried your patience- there are people out there that just need a little extra help.
cbg
Super Moderator
And we are happy to help as best we can, but you're right; it is frustrating when you provide an answer and the poster continues to question it. I know only what you have told me - I don't know what your medical condition is or what your union contract says or that you overlooked my answer.
I wish you the best.
I wish you the best.
- Status
Share this page
