denied tenure - collect uemployment?

Discussion in 'General Education' started by robinsky, Mar 7, 2011.

  1. robinsky

    robinsky Rookie

    Joined:
    Jun 20, 2008
    Messages:
    57
    Likes Received:
    0

    Mar 7, 2011

    denied tenure - collect unemployment?

    After my 2nd year as a probationary teacher I did not get tenure (long story...). I have been offered either to voluntarily resign (looks better on a resume), but I assume that means I cannot get unemployment. Does anyone know the facts about this?
     
  2.  
  3. LUCHopefulTeach

    LUCHopefulTeach Habitué

    Joined:
    Feb 22, 2011
    Messages:
    781
    Likes Received:
    0

    Mar 7, 2011

    Either you resign and cannot collect unemployment or they fail to rehire you and you can collect unemployment. It's a scare mechanism really.
     
  4. mrachelle87

    mrachelle87 Fanatic

    Joined:
    Aug 30, 2006
    Messages:
    2,813
    Likes Received:
    52

    Mar 7, 2011

    I would ask how it will be stated to those who call for reference from your principal...some principals will say not renewed, some will say fired. Not renewed can mean lots of things...class size down, wrong certification for our needs, etc...Fired, says unable to do job. Also what are your evaluations like...if they are good, include them in your portfolio. That way if a principal says something negative, but the evaluation is positive, the future employer knows something is wrong.
     
  5. smalltowngal

    smalltowngal Multitudinous

    Joined:
    Jan 2, 2007
    Messages:
    17,362
    Likes Received:
    46

    Mar 7, 2011

    I'm under the impression that if you resign, you cannot collect unemployment. I'm sorry that you are in this situation.
     
  6. Cerek

    Cerek Aficionado

    Joined:
    Nov 22, 2009
    Messages:
    3,094
    Likes Received:
    0

    Mar 7, 2011

    Yes, it is a bit of a scare tactic.

    Do NOT resign, unless you really want to quit a job. While "fired", "terminated" or "non-renewed" can be a potential black mark, I think it carries less weight in today's market because teachers across the country are facing layoffs for various reasons.

    I agree you should ask how the school will record the departure on your personnel file and also ask how they will respond when called for references. YOU HAVE THE RIGHT TO KNOW THIS since they are the ones letting you go. Many times, facilities will only provide dates of service to avoid potential lawsuits.

    I would also ask for copies of your evaluations to show your lack of renewal was NOT based on job performance.

    By letting you go, they WILL have to pay unemployment benefits. In today's market, some money is better than none, so I would definitely put the burden on them to release you so you can collect unemployment benefits while looking for another job.
     
  7. Mark94544

    Mark94544 Companion

    Joined:
    Dec 23, 2010
    Messages:
    150
    Likes Received:
    0

    Mar 7, 2011

    You need to talk with an attorney IN YOUR STATE about this issue.

    In some states, you have already been "constructively fired" -- you've been told that your contract will not be renewed.

    However, you probably need something in writing (from the employer) to prove this. If you have this, then it's possible that submitting a "resignation letter" won't prevent you from collecting unemployment.

    You should also ask an attorney how the wording of your (proposed) resignation letter might impact your eligibility for unemployment. Perhaps, if your letter is just an "acknowledgement of an unwritten notice of non-renewal," you'll still be able to collect unemployment.

    Note that in many states, your initial application for unemployment benefits will be automatically rejected, without anyone ever really looking at it; be sure to follow up with the "reconsideration" and "review/appeal" processes.

    But definitely talk with an attorney in your state about the specific laws, regulations, and practices in your state.

    Don't rely on advice you get from colleagues, from your union rep, from administrators, or from district staff. Consult an attorney.
     
  8. Blue

    Blue Aficionado

    Joined:
    Nov 16, 2005
    Messages:
    3,591
    Likes Received:
    3

    Mar 7, 2011

    I would talk to the employment department in your state. I left my last job. It was a mutual understanding that I leave, which sounds similuar to your situation. Let the employment office sort it out.
     
  9. KateL

    KateL Habitué

    Joined:
    Aug 3, 2007
    Messages:
    810
    Likes Received:
    2

    Mar 7, 2011

    In California, you can still collect unemployment if you resign as long as you otherwise would have been released through no fault of your own (non-renewed without cause, in my district). The unemployment office will investigate, but as long as the district says you were going to be non-renewed, you can still get unemployment. Here's the info from the EDD office's website:

    An employee who leaves work when asked by the employer to either resign or be fired, or an employee who resigns rather than agree to a forced leave of absence, has not left work of his or her own free will. In these situations, since the employee did not choose to quit, the employer is the moving party in the separation and the employee becomes involuntarily unemployed.

    http://www.edd.ca.gov/UIBDG/Voluntary_Quit_VQ_135.htm#Quit in Lieu of Discharge
     
  10. YoungTeacherGuy

    YoungTeacherGuy Phenom

    Joined:
    Oct 21, 2007
    Messages:
    4,308
    Likes Received:
    1,287

    Mar 7, 2011

    I'm not sure how to answer your questin, RobinSky, but I'm sorry about what you're going through.
     
  11. robinsky

    robinsky Rookie

    Joined:
    Jun 20, 2008
    Messages:
    57
    Likes Received:
    0

    Mar 8, 2011

    Thanks to everyone for the advice and kind words. KateL, that link was extremely helpful!
     
  12. KateL

    KateL Habitué

    Joined:
    Aug 3, 2007
    Messages:
    810
    Likes Received:
    2

    Mar 8, 2011

    You're welcome! Good luck!
     
  13. Boo

    Boo Rookie

    Joined:
    Feb 20, 2011
    Messages:
    33
    Likes Received:
    0

    Mar 9, 2011

    I'm sorry you are going through this. I am going through this, too. I was told that I could resign with a clause that unemployment would not be rejected. However, I decided to take the nonrenew, because I do not trust this, and I do not want unemployment to be held up or denied should I need to file for it.

    My "union" rep said that he has drafted the letter for others in such situations, and they were not denied unemployment. however, I do not trust this, especially since he said it was a "relatively new" letter. Plus from what I understand, it is not just the district who approves if you get unemployment or not, it is the state unemployment office.
    I am just going to state that my nonrenewal was the result of the budget (which I believe it was).
     
  14. palmtree

    palmtree Rookie

    Joined:
    Jan 7, 2011
    Messages:
    6
    Likes Received:
    0

    Mar 10, 2011

    Happening to me too

    I'm going through the same thing in CA. I am not resigning. I have excellent reviews and was shocked to get non-reelected. They would not give me a reason. I guess it's the economy.

    Do not resign. Just take the non-reelect. I believe future school districts will understand that it was due to budget and not assume you had poor performance.

    Hope this helps. This is all advise from my union. I think us teachers need to stick to together and let them pay us unemployment.

    I am told if you resign, CA will not give you unemployment.

    Good luck!!!
     
  15. Ms. I

    Ms. I Maven

    Joined:
    May 13, 2004
    Messages:
    5,847
    Likes Received:
    152

    Mar 10, 2011

    Hmm, back in 2007 when I was told I wasn't rehired, they gave me the option to resign or it would look as if they let me go/fired me. Back then, I never heard of the term non-reelect. So a non-reelect seems the way to go...unless someone knows more cons than pros that people don't know about.

    Sorry about your tenure denial. If I were you, I'd still apply for UI & see. It's quick to do online & they'll either say yes or no.
     

Share This Page

Members Online Now

Total: 344 (members: 1, guests: 322, robots: 21)
test