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XCAdam89
12-17-2008, 02:09 PM
Alright, so pretty much the last week or so my family has been through hell. There's 3 of us kids, My older sister and I both go to college here in VA, then my little sister currently goes to a private school here too.

Now here's what happened. My mom's been working as a kindergarten assistant at the same private school my little sister currently goes to. About a week ago, the principal calls my mom into her office and tells her that she's getting laid off because the school is cutting staff members. Now, by working for the school my mom got a 50% discount on my little sister's tuition and also a monthly paycheck. After looking over her contract, the school is entitled to give her $1200 as a result of the layoff.

Today, the principal calls my mom into her office and offers her a part time job as a substitute teacher, after dicking around with her emotions for the past week. My mom decided she was done with the school, and turned it down. But then the principal came back and said if she didn't take it, she loses the 40% discount for the ENTIRE year (Including what we've already paid) and they will not pay the $1200 because "techinically" she's not getting laid off, as they offered a job she shot down..

Is this right? It's like an ultimatum. She either has to put up with a job she doesn't want to take for the rest of the school year to make out decent, or just be done like she originally planned and take a loss..

Brauap
12-17-2008, 02:35 PM
Wow. Thats messed up.. :huh

Maybe talk to your lawyer?

XCAdam89
12-17-2008, 02:37 PM
It might have to come down to that. Basically the school just offered her this BS job they new she wouldn't want, so that they wouldn't have to pay out the $$$ as a result of the layoff.

You don't get unemployment, etc. if you shoot down a job, no matter what it is in this case. It's messed up.

907Rider
12-17-2008, 03:17 PM
Wow that sucks... sorry to hear about that

<DRS>GPF
12-17-2008, 04:55 PM
i gather from this (http://www.laborlawtalk.com/archive/index.php/f-95.html) web page, unless your mom had a contract, there is nothing she can do.

XCAdam89
12-17-2008, 05:12 PM
Yeah, we've pretty much realized there's nothing we can do about it, because by offering the other job, it broke the contract regarding layoffs.

It just sucks for my mom, but she'll get over it.

quad2xtreme
12-18-2008, 11:49 AM
really depends on whether a substitute teacher is consider a "similar" or "like" job and if there are pay differences.

You can't be forced to take a promotion to keep your job and you can't be forced to take a demotion to keep your job. In both cases, she would still be entitled to the standard severance package should she choose to leave if her current position is being axed. The school also would not be able to rehire a kindergarden assistant for some period of time.

scuzz
12-18-2008, 12:25 PM
I'll eat my pride to feed and put my kids through school any day. (unless I have options)

No options means I would have to keep my eyes on other goals.

I am sorry to hear about your mother's situation though. I hope something better works out somewhere else.

XCAdam89
12-18-2008, 01:04 PM
Originally posted by scuzz
I'll eat my pride to feed and put my kids through school any day. (unless I have options)

No options means I would have to keep my eyes on other goals.

I am sorry to hear about your mother's situation though. I hope something better works out somewhere else.

Yeah, all her job really paid for was my sisters tuition, it's not like we relied on it for money for food and all. The only issue my mom really has with it is that, since we already paid for the first half of the school year (With the 40% discount) The school wants us to payback that difference if she doesn't accept.

I would think that wouldn't be an issue since she worked half a year...she should get 1/2 a year discount.

ZeroLogic
12-18-2008, 01:13 PM
I'd talk to a lawyer, if you can't do anything then I'd take the job. Times are tough you really don't have the options like you did ten years ago.

Best of luck to her though.

quad2xtreme
12-18-2008, 01:57 PM
Originally posted by XCAdam89
Yeah, all her job really paid for was my sisters tuition, it's not like we relied on it for money for food and all. The only issue my mom really has with it is that, since we already paid for the first half of the school year (With the 40% discount) The school wants us to payback that difference if she doesn't accept.

I would think that wouldn't be an issue since she worked half a year...she should get 1/2 a year discount.

I doubt they can get away with a refund for the discount since she worked that time in good faith. They could definitely make her pay full amount going forward and make things rough on your sister. Adults can be a-holes...especially Christian adults.

I am allowed to say this. I am a minister's son and experienced Christians doing some of the most un-Christian things I've ever seen.

wilkin250r
12-18-2008, 02:34 PM
Somewhere, in some form or another, there is going to be a contract for your sister's tuition. It might not be an actual "contract", just a list of terms, discounts, and general policy, but somehow it will list a breakdown of costs and discounts.

Find that, and review it. Somewhere in there is the answer to this 40% issue.

BuB400
12-18-2008, 03:29 PM
Is this right? It's like an ultimatum. She either has to put up with a job she doesn't want to take for the rest of the school year to make out decent, or just be done like she originally planned and take a loss.. [/B][/QUOTE]

Is it just me , or do alot of people have a job that they don't want, but have to do it to put food on their table. In this economy I am thankful to have a job or job offer. Pay cut or not.