forced resignation

[ebogusch]

I recently moved to Arizona because I was offered a teaching job at a charter school. I began working before the "start date" of my contract; in fact, even before I signed the contract (stupid, I know). At any rate, I signed the contract this Monday, and on Saturday they fired me. School has not started yet, but they said I was unprepared to go into the classroom. They have given us no time to prepare, all of this was supposed to be done on our own time. Incidentally, enrollment for my classes was too low to be "profitable." I was not paid for moving expenses.

I am wondering what my rights are, if any. My contract is "just cause." They gave me no written notice of unsatisfactory work. During the meeting in which they fired me (6 of them, one of me) they convinced me to sign a letter of resignation, which is postdated for the end of the month. They are giving me a month of severance.

Thanks in advance.

 

[wtd]

I was not paid for moving expenses.
Response -
Did your contract include reimbursement for moving expenses or do you have any documentation that this was offerd to you?
If either one of the above is true it would seem to me that you would have a claim.

For a claim against the unjust firing claim, I think that you'd have to -
1) Prove that you were indeed fired. You'd have to overcome the problem of the resignation you signed. Have to prove you were basically pushed into it, I'd think.

2) If you achieved #1, I would think that you'd then have to prove that you were not fired for just cause.
It seems by you post however, that had they fired you, it would of been for just cause.

Their position - fired for not being prepared. Unless your contract states otherwise, that they didn't warn you first is of no matter.
Your position - you were fired because the size of the class you were to teach was economically unfeasable and eliminated (or absorbed into other classes).
Both seem to be a just cause to me - your were either unprepared or lacking a class to teach, your services were no longer required. (I think that it would be difficult to compel a company retain an employee if there was no work for them to do.)

I'm not a lawyer, but just from my point of view -
#1 seems pretty straighforward - you either have the documentation or you don't.
#2 seems to probably be more trouble than it's worth, at least you have a months wages to live on while you look for another job (could've been worse).

Good luck,
wtd