nonrenewal & unemployment

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New Jersey Teachers Chatboard

nonrenewal & unemployment

by Marci D

May 28, 2014

Hello -

I'm a school therapist who was nonrenewed after my first year of unemployment. While told by my supervisor off the record it's because I'm "not a good fit", it is clear to me that this "poor fit" refers to two key things: (1) standing my ground in requiring removal of erroneous Medicaid logs booked under my name (for which the district receives cash reimbursement), and (2) attempting to recommend appropriate evidence-based services for special education students which had the potential to cost the district money.

My first two evaluations (performed by administrators other than my supervisor) were essentially perfect (highest possible scores; list of strengths & no weaknesses). (One of these, incidentally, was performed outside contractually- mandated timeframe.) Then I waited and waited for my third and final observation, which was to be performed by my supervisor. On the last possible legal day (April 30), my supervisor showed up and observed me in a tea...See MoreHello -

I'm a school therapist who was nonrenewed after my first year of unemployment. While told by my supervisor off the record it's because I'm "not a good fit", it is clear to me that this "poor fit" refers to two key things: (1) standing my ground in requiring removal of erroneous Medicaid logs booked under my name (for which the district receives cash reimbursement), and (2) attempting to recommend appropriate evidence-based services for special education students which had the potential to cost the district money.

My first two evaluations (performed by administrators other than my supervisor) were essentially perfect (highest possible scores; list of strengths & no weaknesses). (One of these, incidentally, was performed outside contractually- mandated timeframe.) Then I waited and waited for my third and final observation, which was to be performed by my supervisor. On the last possible legal day (April 30), my supervisor showed up and observed me in a team meeting. Several days later, in my post-observation meeting, my supervisor stated I would not be rehired as I was "not a good fit" for the team. I asked my supervisor to indicate any point at which I had been directly advised of a need to improve any aspect of my performance, and my supervisor said, "I probably could have communicated more." I asked my supervisor to indicate ANY time such communication had been provided to me, and my supervisor was unable to do so.

As of May 15, the state-mandated notification date for nonrenewal, I had received no official notice of nonrenewal. I was not inclined to take any related action, as it was made clear to me that I was not wanted and would not be renewed. However, it was brought to my attention via union feedback that this is actually an area of convoluted, and for me, unknown, loophole-like policy.

A nonrenewed employee who does NOT receive appropriate written notice is, under state law, to regard this as an implicit OFFER OF EMPLOYMENT, which, if desired, must be accepted BY JUNE 1. It was suggested to me that the failure to notify me in writing as required automatically made me "eligible" to be renewed if I demanded it, and that if I did not do so, that might be used by my district as grounds to deny any unemployment claim since they might be able to say I had "refused" suitable employment.

When my union president contacted our superintendent to ask why I had not been properly notified of my nonrenewal, the superintendent immediately then provided such notice (two weeks past state-mandated deadline), and my job was immediately posted. The link between simultaneous providing notice and job posting appears to bolster the suggestion that the district was in fact attempting something not straightforward. (If I was officially nonrenewed by May 15, why was the job not posted? Why, when the superintendent was finally required to provide my notice, was my job immediately then posted? My position is one which is not as easy as most to fill, making it prudent and logical that a district would post such position at the earliest opportunity.)

As I understand state law, I now have 15 days from the date of notice (received 5/28/14) to respond. My union states I could force the district to rehire me due to their failure to provide appropriate notice. However, state law would also allow them to then immediately terminate me, and to use the 60-day notice option, potentially barring me from collecting unemployment over the summer. Furthermore, I fully realize that a supervisor who is determined not to have me in my job has many ways of "finding" me deficient in performance, potentially leading to bad evals and termination for cause, a situation I am not willing to trigger.

My dilemma is this. I'm so troubled by what I find to be the devious behavior of a supervisor who is letting me go because I upheld the ethics of my profession, and then compounded the situation by not following proper notice procedure (and possibly deliberately so to prevent an unemployment claim), that I am loathe to just let the entire situation slide away into darkness.

I realize it would not be possible to work safely in my position, so have no wish to call out the improper notice procedure (trick?). However, I want to be sure I will be able to make a successful unemployment claim since I undertook this job with every intent of working here to the best of my ability for the rest of my career.

I'd greatly appreciate any feedback anyone may wish to offer -- on the overall situation, on my ability to file for unemployment, on devious subterfuge to remove district employees who might bring inappropriate district behavior to light, etc.

Thank you in advance for your time and thoughts!

~ Marci

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