My mom is a teacher and was let go one year before retirement

[lapetitemlle]

Jurisdiction

Michigan

My mother works for a religious church school organization. She is one year away from being able to retire and was told a month before school released for the school year that she will not have a contract for next year. Every year the private school renews contracts and does not allow tenure. She has been at the school for 12 years, has had near perfect reviews, the best of her career was this year. Their reason for letting her go is budget related as they have the money to increase pay for assistant positions and the secretary but do not have the money to keep her on as a teacher. She is the oldest teacher at the school, and was one year away from retiring. She is possibly not going to receive full benefits now because of being let go. There is another teacher at the school that was written up multiple times and is keeping his job as they need a math teacher for grades 9 and 10 --- there are two students in those classes currently for next year. Would she have a case against this for wrongful termination? I do know that Michigan is a fire at will but it seems really disgusting to deny retirement benefits and terminate when she has had no problems.

 

[army judge]

Your mother can discuss her concerns with a couple of lawyers in or near the county in which she resides.

The initial consultation is normally offered at no charge.

I wish your mother well.

 

[cbg]

There is nothing in what you have posted that is clearly illegal or that clearly states wrongful termination. Nonetheless I agree that it can't hurt to have a local attorney review the facts.

 

[adjusterjack]

Would she have a case against this for wrongful termination? I do know that Michigan is a fire at will but it seems really disgusting to deny retirement benefits and terminate when she has had no problems.

Yes, it's unfortunate. But if it's truly budget related it's legal. If it's due to her age, it's not. A discrimination attorney should be able to figure it out.

 

[ElleMD]

Just as they can not fire her because she is the oldest, they don't have to keep her on just because she is the oldest. Absolutely it is legal to consider how difficult it would be to replace someone when deciding who to let go.

She should look closely at her pension plan though, to see if she really does lose her retirement benefits. With 12 years in, she shouldn't, but it isn't clear what type of plan she has.