Help me pls!

Discussion in 'General Education' started by angelastarr, Aug 29, 2009.

  1. angelastarr

    angelastarr Rookie

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    Aug 29, 2009

    Hi Everyone
    It is my deepest concern to seek help. I don't know who to turn to, as far as my situation.
    I have contacted Human Resource on numerous accounts to find a solution, but never been assisted with my situation. Maybe you can point me in the right direction?
    I was employed with CCS for 2 school yrs as a TA. My last yr, which this past yr 2008-2009, I emailed the principal and my teaccher in fair warning that if worse comes to worse, I may have to move. With that message sent to them, I know that I did my share as an employee. I never confirmed, nor signed documents in writing saying that I am resigning from my job. Well he may have misunderstood. Later on April 10th, I got approved to go on Maternity Leave and did so, but I guess he thought i moved.
    During the summer break, I called the office of my school, asking when do we return to work. I understood that staff must return on the scheduled date of Aug.17th. I spoke to the bookeeper and she informed me that letters will be sent out the following week prior to returning to work. Weeks passed and I have not recieved a letter, so I decided to call the office of the school once again. I spoke with an office admin, and she said I should recieve a phone call. Minutes later, my principal speaks with me and tells me that he has given my position to someone else due to me moving. I tried to explain to him that I never moved, and just went on maternity leave. He made is quite clear to me that I told him I moved, even though I never moved. I only warned him that it was a possibility of me moving. The Principal says to me that I should have called him. I asked him if there was any job for me to come back to, and he states that my position was given to someone else and there are no positions available.
    So I called Human Resource to help me find a postion and is now in the process, and in the mean time, I filed for Unemployment Benefits with the ESC office due to lack of work. Today I found out that I am unable to recieve benefits because Mr.Williams has a record of me for resignation from my job.
    I don't know who to speak to about my situation. Like I said, I contacted Human Resources several times but I am still given the run around, and have not received any phone calls about this. I don't know what actions to take and I never signed any resignation forms, nor confirmed with the prinicipal that I left my job. I am very upset, more so disappointed. It was not my fault and now I am unable to even receive any benefits because I filed that there was lack of work, and the principal has me down for resigning. Please help me and what to do? who should i call?
    My fiance even tried to speak to the principal and still believes I resigned!
    Help me people!!!!
     
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  3. Blue

    Blue Aficionado

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    Aug 29, 2009

    File for unemployment and give them the info. You may have to prove what you emailed the principal, so start tracting that down. If unemployment is denied, keep asking for hearings, so they can hear your story. If the principal has no proof of you resigning you stand a good chance of winning.
     
  4. BioAngel

    BioAngel Science Teacher - Grades 3-6

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    Aug 29, 2009

    If you were on maternity leave, then I believe legally they are not allowed to not have a position for you. They may give your position to someone else, but they must have some other position open for you. I think the benefits and salary must be the same.

    I would honestly see if a lawyer will talk to you for free--- get a free consultation. It upsets me that people get screwed over for going on maternity leave and I believe every parent has the right to take the time off for their child.

    Good luck and keep us updated on your situation!
     
  5. angelastarr

    angelastarr Rookie

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    Aug 29, 2009

    thanks! my unemployment was denied and i found out because the principal has me under resigned. I guess I will just keep trying to fight that. They told me to fill out some kind of form. I know if you resign, you should fill out some type of form for the board, and I have not even done that. Can the principal have me under resign when I did not do so and he did not even ask me if i moved?
     
  6. angelastarr

    angelastarr Rookie

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    Thank you. I will keep you posted. I am supposed to get a phone call on monday, hopefully someone will help me because I can't even recieve any unemployment benefits because he has me as resigned because i moved. Wow, i am so mad everytime i think about it!
    He swears up and down that I moved. He is such a jerk!
     
  7. futureteach21

    futureteach21 Habitué

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    The only thing I can think of when you wouldn't have to sign papers, is if you just up and quit. We had one person a few years ago, call and say he had quit and wouldn't be returning and not to contact him. He never signed papers, but he was filed as resigned.
     
  8. shouldbeasleep

    shouldbeasleep Enthusiast

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    Contact a lawyer. There are all sorts of laws about maternity leave. The first thing the lawyer will do is probably ask for the papers that show that you resigned your position and a copy of the forms you signed that show that you were going on maternity leave. You could save time by getting those ahead of time.
     
  9. angelastarr

    angelastarr Rookie

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    exactly, but i never up and quit...
     
  10. angelastarr

    angelastarr Rookie

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    I never resigned, I just went on maternity leave.
    thanks, I definitely will see into a lawyer.
    I just don't understand why the principal is just so certain that I moved and left when I didn't. So can he put me down as resigned?
     
  11. angelastarr

    angelastarr Rookie

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    Long Story, short:
    I emailed principal heads up in case I move, he would know why, and my email did not say I confirming I am moving, it said theres a possibility. Well, he swore my email said I moved. Which I did not.
    I went on maternity leave.
    Before the new school yr started, during the summer break, the principal told me he thought I left and moved, and so he gave my position up and put me down for resigning from my job, and there are no positions available and I am no longer on contract.
    Can the principal put me down as resigned when I did not?
    Now I am unable to receive unemployment benefits because he put as resigned and moving.
    It was his mistake and he sticks with it that I moved. Not only that, he throws the contract agreement in the discussion that I am not entitled anyways to a spot back at the school because of the contract. But yet he has me as resigned.
     
  12. angelastarr

    angelastarr Rookie

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    also, he never called me to ask if i did move when i was on maternity leave, he blames everything on me, saying that I shouldve called him.
     
  13. bros

    bros Phenom

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    Aug 29, 2009

    Check your district site for board of education minutes.

    Check around the timeyou asked for maternity leave, see if they mention it in the minutes, they do for my SDs minutes, for what teachers take leave, how long it is, they also say if someone resigns
     
  14. Rebel1

    Rebel1 Connoisseur

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    Aug 29, 2009

    Your EMAIL might have thrown a bit of INFO out of whack and the P is not even backing down from his thinking THAT YOU MOVED!
    You have to STRESS on the part OF INCASE YOU HAD TO MOVE. You should have emailed him right away stating that YOU ARE NOT MOVING but YOU ARE GOING ON A MATERNITY LEAVE! Obviously, he is not getting what WENT ON. He definitely misread your email AND was not aware of what happened later on with you.
    It is always better to have it down on a hard copy of what was done because as it stands and sounds; it's more like your word, OR your original email against his. :(
    Good luck,
    Rebel1
     
  15. futureteach21

    futureteach21 Habitué

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    Do you still have those emails? That would help your case. If your P never heard from you, I can see why he thought you might have moved. It doesn't excuse that there was a misunderstanding, and that you deserve a job. But I can see where he is coming from.
     
  16. futureteach21

    futureteach21 Habitué

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    Where is Alice? I bet she would have some good advice for this one.
     
  17. Aliceacc

    Aliceacc Multitudinous

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    Aug 29, 2009

    Not really, just some questions. But first of all, congratulation on your new addition. Know that, big picture, the job thing will sort out one way or another. So relax and enjoy that baby!!!

    Now, to my questions:

    Did you receive any monetary compensation while you were out on maternity leave? Disability or unemployment or anything? If you received disability, it would imply that he knew you were out on maternity leave. Did the crew at work give you any sort of a shower or thing, or is that more common around here? Did you send a birth announcement to the school?

    I can see both sides of this one-- you mentioned that you might be leaving, he interpreted it as a resignation, and never heard otherwise from you. I wonder if anyone good at computers can retreive those emails for you???
     
  18. karebear76

    karebear76 Habitué

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    Aug 29, 2009

    Were you in a union? I would check with the union rep as well if you were (or even if you weren't they might have some suggestions).

    I would find all of the copies of everything if you have them, original email, and your maternity leave papers. In my district, if you are staying off for the allowed 6 weeks & will be using sick days, you only have to file the appropriate forms with your admin. If you are on true maternity leave, and will be out longer than 6 weeks (without pay) then you have to submit in writing to the board a request for approval. Did you do anything like this? If so, your district office/treasurer's offic HAS to have a copy of the documentation in case of audit.

    Good luck.
     
  19. scmom

    scmom Enthusiast

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    Before you go to the expense of a lawyer, contact your union. In my experience, they may be able to help you. This teaches us all to make sure we have everything in writing.
     
  20. sciencegurl

    sciencegurl Companion

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    Did you inform the school you were taking maternity leave? Why did you email the P anyway. Was it to say "in case I don't return to work, I moved"---that's a bit strange. I'm not sure I follow this very well.
     
  21. angelastarr

    angelastarr Rookie

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    thanks everyone. As far as wanting my job back at that school, I don't mind, I understand the principal gave my spot away, but he has me for resigning, and that is now blocking me from unemployment benefits.
    I did not receive disability and I am not part of a union.
    I would pull up that email, but I don't know how I can get that done.

    I did sign maternity leave forms at the human resource office which was approved by the board. My maternity leave was from April 12th til the contract end date June 12th because the school yr ended on the 12th of June. I know being that my job was on contract, did not necessarily mean that I get my postion back.
    I just don't want to be on the system as resigned! And he stands his ground, and states clearly that I resigned. I am sure he got my maternity leave request right? So why would he even think that I did confirm with him me moving especially when I did not return my classroom key and parking lot pass??!
    I did email my teacher at the same time, so I am asking her if she still has that email in her system.
    I just dont agree with the fact that he has me down as resigning from my job when I did not.
    Thanks everyone for helping me out.
     
  22. angelastarr

    angelastarr Rookie

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    I remember clearly what my email said.
    I emailed the principal because my fiance was working for Circuit City. I told him I am at home right now resting (I had problems during pregnancy), so that day I was home sick, I also included with him that if worse comes to worse, and my fiance does not find a job here, then we may have to relocate. If I do have to relocate, then I will let you know and help you find someone to replace me.
    Being there are resignation forms to fill out and a 30 day notice before the end date and approval by the board, I was just doing my part in case it happened so sudden.

    I emailed him because I did not want it to go around school that my fiance is unemployed and if I did have to move so suddenly, then the principal would not be out of the loop if it did happen.
    And if i did move, I would be responsible and confirm it with him by doing as follows, resignation forms, returning class room key and thanking him for having me there. I would not just get up and leave with out letting him know. i love my job too much for that.
    Besides, I was not getting any pay (10month contract) and filled out maternity forms.
    I would never email the P saying "if i don't return to work, I moved"... that would not be strange, that would unprofessional on my part.
    So he took that as moving when I did go on maternity leave.
     
  23. shouldbeasleep

    shouldbeasleep Enthusiast

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    Aug 29, 2009

    I know you never resigned. The lawyer will simply ask for a copy of it and that will clue in the principal that you aren't going down without a fight. He won't be able to produce it.

    That's when you tell him that you want him to change the status so that you can get your benefits--if that's what you want.

    You probably won't be able to work in that district/school system again if you push for your rights and get unemployment benefits. If you want to work, then ask them to provide a job for you. You filled out a form for maternity leave, right?

    The only problem is that you were a 10 month contract person. I still think I'd see a lawyer.
     
  24. FarFromHome

    FarFromHome Connoisseur

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    The district should be able to retrieve the email. I took a special ed law class last spring and my instructors told us about a case when they had to retrieve all emails about a particular student. They warned us about all emails we send because everything can be seen by the district.

    Did you email from a work email? Even if you didn't, they should be able to retrieve the email from the principal's email address.
     
  25. Budaka

    Budaka Cohort

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    At my school the school board has to officially accept the resignation of a teacher. Does your school board do the same?
     
  26. angelastarr

    angelastarr Rookie

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    Yes, I emailed the P from the school systems email account. I will definitely try to get that email retrieved.
    Yes, there are resignation forms to be signed to be accepted by the school board.
     
  27. angelastarr

    angelastarr Rookie

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    I am supposed to be getting help from someone, so hopefully i get a phone call on monday. The system is trying to help me out. They know I filled out forms for maternity leave, and even faxed the maternity leave approval to the bookeeper and P.
    I just dont think its right to have me down as resigned.
    Thanks Shouldbeasleep!

    thanks everyone too, I am feeling a lot better.
     
  28. Teaching Grace

    Teaching Grace Connoisseur

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    I'm curious how you went on maternity leave and your principal didn't know about it.... Good luck with everything!
     
  29. angelastarr

    angelastarr Rookie

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    I know, thats what bugs me the most.
    thanks...
    I have an interview with another school on Tuesday. I hope all goes well and I get to start off fresh with new principal.
     
  30. czacza

    czacza Multitudinous

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    It seems that your communication with the principal was unclear. I'm surprised that you didn't stay in contact with the school concerning your decision not to move, especially since you were so proactive giving them the 'heads up' that you might move.

    Having your fiancee call the school principal regarding this matter probably wasn't perceived as the most professional way to handle your situation. This should be something you handle yourself...fiancees and spouses really should not get involved in work negotiations. :2cents:

    In my district, they send out contracts in early July. What does your district do? It seems to me that you should have had some clue that they weren't hiring you back from the lack of communication. Also, as a TA, you may be considered an 'at will' employee so check into that as well, as that could limit your 'right' to getting your job back.

    I hope this works out for you. :hugs:
     
  31. angelastarr

    angelastarr Rookie

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    Thanks! I hope it works out for me too.
    I am not sure how this works, as far as my fiancee calling, I know he should have not called, but I had no clue he did.
    I guess he called the P only because I been crying every night being so stressed about it because I have no funds for my baby and I was in such an emotional state... I know my fiancee wanted to help me.
    I am glad I have a fiancee who wants to help me in any way he can.
    That was what my email was about in the first place. To make things clear about my chances of moving, and I would have done it the right way if I did have to move.
     

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