C.A. 3rd year not being released from contract... ADVICE please!

Discussion in 'General Education' started by Taylorious, Jun 22, 2016.

  1. Taylorious

    Taylorious Rookie

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    Jun 22, 2016

    Hello.
    Honored to post here. This website has helped me for some time from afar, but now I think it can do so directly.

    Problem:
    I'm currently in dire straights with a East Bay Area district that will not let me leave a probationary social studies contract I signed 13 days ago.
    I made my good cause for leaving very well known to the head of HR, as well as the principal, but both are refusing to release me, and seem to be working in collaboration to retain and threaten me with as strict a punishment they can glean from the C.T.C. despite the 2 month window I'm giving them to find a replacement for my position.

    Background:
    I have some serious personal issues happening within my own life that prompted my immediate need to change living location and financial income status. I have never done something like this before, nor plan to any time in the future... It simply was unforeseen and came up.

    I explained this to my principal and H.R. head, who were extremely dismissive of my case and said (essentially) "grow up and figure it out". I have attempted to contact the superintendent, but my phone calls are being blocked by all parties involved now. (HR / Principal / Superintendent). Despite my personal issues, this level of "professionalism" on the part of this district has changed my heart completely regarding who I feel comfortable and supported working for.

    ...I have been in contact with local Ed-Code attorneys, local H.R. departments, local principals, and more who all have explained that I should simply resign, in writing as per ED code 44930, and have it time-stamped by the district in question...


    ...but, after that, I presume the district will immediately pursue disciplinary action by forwarding my name to the C.T.C. for disciplinary review.

    Question(s) for you:

    1) If I drop the resignation letter on H.R.'s desk + eMail inbox today/tomorrow, is not the district FORCED to terminate my employment because of Ed-Code 44842 (a) ?

    2) If they make good on their promise to forward my name to the CTC, what's the likelihood they'll even pursue disciplinary action against a teacher with A) good cause to leave and B) who had given 2+ months of notice to the district before doing so?

    3) If the C.T.C. DOES INDEED pursue disciplinary action, how long does that take to clear up? (e.g. how long will I be in credential limbo until they either suspend my credential or admonish me?

    ...THANK YOU SO MUCH.

    I've called many other local districts, and they've all explained that they think the district in questions actions are ludicrous and unheard of. Not a soul administrator I've spoken to think I'll lose my credential, nor does the legal council I've sought. I just want to get away from these people now, more than ever.

    ANY ADVICE IS VERY APPRECIATED

     
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  3. Rox

    Rox Cohort

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    Jun 22, 2016

    Some districts have a policy that requires them to report any teacher that is not released. The CTC does not like to suspend teachers' credentials. I think they can only suspend it for one year.

    Sorry, I don't have much more information, but this is what I've heard.
     
  4. Taylorious

    Taylorious Rookie

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    Jun 22, 2016

    No need to apologize! Your word is AWESOME.

    I agree, I've heard that the CTC doesn't like to suspend credentials if they can help it. It seems like the max suspension I've found (reading though CTC meeting minutes now for a 44420 [Breach of contract] offense was 60 days.

    I'd think that the CTC'd recognize the rapidly declining teacher population in C.A., and keep all working teachers working.

    THANKS.

    Any more advice is AWESOME and WELCOME.
     
  5. Taylorious

    Taylorious Rookie

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    Jun 22, 2016

    Continued info updates/ ANSWERS FOR Q3:

    I just got off the phone with someone in the CTC, who explained that they DO see cases like this (EdCode violations 44420/ "Breach of Contract"), but they cannot report on what the outcomes of those cases are.

    Further, they explained that my credential wouldn't just "become suspended" if i resign. It would be NORMAL and FINE until after a) the CTC has decided whether or not to pursue it, b) if they do pursue it, I get due-process where I can demonstrate/explain my side, and c) they make a decision.

    Best case; they do nothing. Middle-case; they slap my hand with a few month suspension. Worst case; they pull my credential for a year.

    I still can't answer Question #1 and #2.... but that's why I'm here. Any of you every broken contract (2010+ preferably) BEFORE starting teaching with ample time?!
     
  6. Leaborb192

    Leaborb192 Enthusiast

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    ,
     
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  7. Taylorious

    Taylorious Rookie

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    Jun 22, 2016

    This is the saddest part. There's SUCH a need for teachers, that I'm sure the CORE of the district's politics is to retain anyone they think valuable. As much of an ego boost as it is, I'm pretty ready to walk away from these folks since they're so incapable of empathy or humanity.

    Precisely. I laid out the very personal details of my situation before my HR rep and P, and both said (essentially) "we think of children first here, and if we ran this school based on adults opinions" and "call your family and figure out your life."
    ...if Maslow's hierarchy of needs is so applied here, are not the needs of an educator proven to be just as important as those of the student? Where's the principle of parsimony here...
     
  8. Leaborb192

    Leaborb192 Enthusiast

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    ,
     
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  9. mathteachertobe

    mathteachertobe Cohort

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    Jun 22, 2016

    Am I reading this situation correctly, that this is a new job for you? When does school start? I'm in the bay area, and my district is one of the earlier starting ones, we report back on August 9th. If you can't give six weeks notice without your credential being threatened, well, its no wonder enrollment in credential programs has plummeted. If it were me, I would give official notice and be done with them. I would hope they would realize their energy would be better spent on filling the position rather than pursuing a vendetta.

    Do you have a back-up plan if you can't teach for some time? Are you looking for another teaching job elsewhere? Most applications do ask if you are currently under contract, so that might pose a problem.
     
  10. Taylorious

    Taylorious Rookie

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    Jun 22, 2016

    Supplementary info / Updates for ANYONE ELSE in this situation ever:

    The C.A. Education Code:
    (PM for link)
    (notable codes [to my case]: 44420, 44842(a)/(b), 44845, 44930 (a))

    The C.-C.T.C.'s report misconduct page, outlining the process of reporting 44420 (Breach of Contract) violations.
    (PM for link)

    A SF Based Ed-Code versed Attorney-At-Law who was able to answer some questions regarding the likelihood of the C.T.C. having a case against me.
    (PM for Link)

    ...additional contact info for advice, if you were in my situation, would be advised to be sought through YOUR PAST PRINCIPALS and HR departments. They can clarify some things for you that these folks can't.


    ANY INFO IS ALWAYS APPRECIATED.
    Stay Tuned.
     
  11. Taylorious

    Taylorious Rookie

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    Jun 22, 2016

    You're reading this correctly.
    It IS a new-to-me-job. I signed the contract 13 days ago.
    School starts on the 23rd of AUGUST. (2 months out)


    I agree. I'm on the precipice as we speak. I just want to talk to a few more people before hand and hear from more folks here on AtoZ.

    Currently, I do have a back-up plan... but it would be me moving and finding a teaching job. If the CTC interferes, I'd have to pull-out of that if they were to suspend my credential.
     
  12. Taylorious

    Taylorious Rookie

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    It is this very sentiment that makes me side with the 3 former admin's I've had and the myriad of other teachers I've spoken with thus far before posting on here... and say NUTS and just walk on them.

    It seems ridiculous to assume that THIS would be the context we'd start 186 days together on, and that this is somehow 'good-for-business' in the staffroom.

    I am still trying to offer an olive branch to my P, Super, and HR, because their release would be far better than their reporting me to the C.T.C.... (though I think the have to either way, no?) ...but these folks have purposely stopped taking my calls.
     
  13. swansong1

    swansong1 Virtuoso

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    Jun 22, 2016

    I think your decision is pretty well made for you. Dump the job, deal with your personal issues, and hope that they don't sanction you.
     
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  14. mathteachertobe

    mathteachertobe Cohort

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    Jun 22, 2016

    If you have access to an attorney, perhaps they can assist you with the most effective wording for your resignation letter. From what I've seen on the CTC site, having good cause for resigning may well keep your credential safe.
     
  15. Taylorious

    Taylorious Rookie

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    I am starting to believe this. I have been reading the Consent Calendars (wherein it seems certificated folks are deigned punishment) on the C.T.C. websites
    [These are in the AGENDAS of each month's meetings]

    ...it seems 44420 violations range in punishment severity from 10 day suspension up to 364 days. I believe this has to do with the information the school district provides to the CTC when they make a 44420 notification, and then the receiving department makes a judgment regarding whether the committee needs to apply discipline.

    Further, I just spoke to the CTC directly, and asked about the process.
    The woman I spoke to explained that AS SOON AS I SUBMIT my resignation, if it's received by the district and dated by them, from the next day forward I have yielded my contract. I am NOT required to show up on the first day of school.

    ...I AM, however, able to be reported to the C.T.C. And that action is addressed above.

    In my case, they (my H.R.) essentially 'gave me their word' that they'd try to prosecute me as much as they can... even going so far as to say "We're going to pull your credential for 4 years!" and so-forth. I trust that my only ability to protect myself will be in (as you've correctly intuited) the WORDING of my resignation letter.
     
    Last edited: Jun 23, 2016
  16. Taylorious

    Taylorious Rookie

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    Jun 22, 2016

    UPDATE:
    I've been continuing to try to make some type of situation work with these folks. The HR department head is too intractable. He keeps calling me childish and even had the temerity to say that I lied to him (because he misinterpreted the information / backstory I had given to a Board President when I was trying to explain my case to her)... and he explained that he will "hold my credential" if I break contract.

    ...when I asked about IF he could/did find a replacement in the 2 months before the school year begins, if he would release me from the contract... he said "there's no negotiation" and never answered my question..


    The principal has agreed to meet with me tomorrow. I'm going to try to have the same type of conversation, but with better results. I need to get out of this somehow... and I DON'T want to have to force it with the C.T.C... but it seems like it might be a good call since this is the context under which we're starting the year.
     
  17. Leaborb192

    Leaborb192 Enthusiast

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    ,
     
    Last edited: Feb 4, 2019
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  18. Taylorious

    Taylorious Rookie

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    Jun 22, 2016

    Good call. I'll record.
     
  19. mckbearcat48

    mckbearcat48 Cohort

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    Jun 22, 2016

    Make absolutely sure the other party is aware and consents to any recording.
     
  20. geoteacher

    geoteacher Devotee

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    Jun 23, 2016

    I'm sure the principal won't be thrilled to be recorded. Take someone with you to the meeting. They can act as a witness to whatever ensues.
     
  21. jadorelafrance

    jadorelafrance Cohort

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    Agreed. Can you get a hold of a union rep?
     
  22. Pashtun

    Pashtun Fanatic

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    This makes me giggle inside. Where, when, how, why, do employers think that taking this action and language is going to be a positive for their district. Why do they think that essentially, holding an employee captive, is going to lead to a great working environment? In reality, where does this work?

    As an employer, I would grant your resignation, wipe my brow, and call it a close one.
     
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  23. Taylorious

    Taylorious Rookie

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    Jun 23, 2016

    UPDATES (Day 2):

    FINALLY, I got through to my Super.
    He called me back, and explained that he'd heard about my case (I'd left more than a few messages and "RSVP's" on his message machine) and said two things that made me happy and optimistic;

    1) "I understand, and I would never hold someone here who doesn't want to be here"
    and
    2)
    "IF we can find a replacement (they have 2 months, exactly), we will release you from the contract."

    This is GOOD NEWS. Of course, the job posting (which went up today) is worded SO obscurely that they'd likely have near no-one see it. I'm going to see if it can be changed to reflect the most "hits" on the EdJoin server.

    THANK YOU ALL for following so far!
    I'm not out of the woods yet, but I'm starting to kinda', sorta', maybe see a light through the trees, I believe.

    FINGERS CROSSED!
    MORE UPDATES TO COME...!


    I did! Excellent call on your part, lafrance! I spoke with CTA this morning, who thinks this is ridiculous as well. The representative agreed to call the district and have them smooth things over as much as possible, especially since the literal brow-beating from the H.R. head wasn't going to stop, and he started to even doubt the truth of my statements before even hearing me speak.

    ...She suggested that it's really a toss up, saying "The Law [ED44420] wasn't intended to be used for this, but it CAN be used to hold people hostage like this."


    Thanks for the empathy, Pashtun. It's ridiculous, I know. I've spoken to many folks at this point at all stages of the education pipeline (Union reps, Attorneys Principals, Educators, C.T.C. employees, school-board presidents, and other H.R. departments) and ALL advise me to just resign. But... I trust my heart, and my watchdog of a H.R. person seems to REALLY be wanting to go after me as a vendetta, or some such thing.
     
    Last edited: Jun 23, 2016
  24. Taylorious

    Taylorious Rookie

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    ...in light of recent developments, I'm NOT going to record my meeting today. Nor, will I go with any intermediary or 3rd party. I WILL, however, go on a mission of good-faith, and collect what little physical objects I have at the site.

    I truly want to make sure the PRINCIPAL/ADMIN knows that I'm not against them, and that I want to give them ample time to ensure that they can find an adequate replacement. Without saying too much, the position IS NOT a hard one to fill, and the financial component is lucrative.
    ... I just can't do it.


    So, I endeavor to make them see that I'm NOT an adversary, but an opportunity for better things in the future. And that I will help however I can.
     
  25. Taylorious

    Taylorious Rookie

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    Jun 23, 2016

    Out of respect for this district and the proceedings involved, I'll make you aware once the smoke clears for me EITHER WAY
     
  26. Taylorious

    Taylorious Rookie

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    Jun 24, 2016

    Update:
    I have officially resigned.

    Now, I am up to the whim of the H.R. department as they would need to file a complaint of "Teacher Misconduct" to the C.T.C.


    Will advise.
     
  27. mathteachertobe

    mathteachertobe Cohort

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    Here's hoping they choose not to. Do you know if you just wait for the other shoe to drop, or are you officially notified if a complaint is filed? So sorry this has happened to you.
     
  28. Taylorious

    Taylorious Rookie

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    This, fortunately, I can speak on;

    The CTC, if beginning an investigation pursuant to ED44420 [Breach of Contract] will notify the party investigated with 90 days of their beginning of the investigation of district allegation. This would come in the mail.

    Furthermore, if they chose to pursue this, they [the CTC] first must A) receive proof of Ed Code violation from a district along with B) the necessary documentation [including any written correspondence, any resignation letters, and a copy of the contract.]

    Lastly, once all this reaches the desk of "Educator Discipline" dept. in the CTC Sacramento office, they conduct a 1) Preliminary Investigation wherein 1-2 individuals (I presume) use discretion to dismiss or pursue any cases further, and if in the case of the latter, open a 2) Formal Investigation wherein all the above material can be contested via a Adjunctory Hearing by the educator.

    In short, I stand resigned. I have confirmed this with all necessary involved parties, and burned the proverbial bridge. I seek other avenues of employment at this time, and will wait to see of they chose to attempt on my credential. If so, I will make haste to defend myself appropriately.
     
  29. Taylorious

    Taylorious Rookie

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    May 10, 2017

    MAY 2017 Update:

    They never pursued anything. Blew ALLLLLLLLLLL that smoke up my A•• to make me stay.

    Whatever.

    Found out later that the principal had done some similarly shady things at a former district she was employed in up in Sac area, and left with her tail between her legs.

    LESSON LEARNED:

    ALWAYS ALWAYS A-L-W-A-Y-S take the time to think before you sign anything contractually binding.
     
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