Promises of Seniority

[goodteacher]

What is the name of your state? Florida
Please help! I am a part-time teacher employed for the last 5 years at the same school. Our previous specialist (same as principal) put the entire school through hell. She would remove hours from our payroll, scream at employees in front of others, pit one employee against another, etc. Anyway, some of the secretaries and teachers went to the union and complained and she was asked to resign. When our new specialist came in, we knew things were going to change. We found out we had a $85000 deficit. The new person immediately said cuts were coming and fired 2 of the secretaries that complained about the previous specialist. I e-mailed our deputy super intendant, who was in charge between specialists, saying I was worried about cutbacks. AT THIS TIME SHE SENT ME AN E-MAIL SAYING ALL CUTBACKS WOULD BE MADE ON A SENIORITY BASIS. I had been at the school longer than anyone, so I felt safe. In February, our specialist came to our site (we have 5 sites, I work at 2) and said it was shutting down today. We did not have the option of going to another site. We would immediately lose our day of work. "It's a done deal. There's no negotiating." I was shocked. I asked about seniority, and she said because we were part time employees, seniority had no bearing. I went to the union and they said she was correct and they couldn't help. All the teachers at the school thought that cutbacks would be based on seniority. The old specialist had always done it that way when cutbacks had to be made. I guess my question is... did the deputy super intendant make a promise to me by saying cutbacks would be on a seniority basis? Do we have a case? Can we take this any further?
Thanks for any help!!

 

[cbg]

No law requires that seniority be the basis for the determination for layoffs. If your union contract does not give seniority to part time employees, nothing in the law is going to force them to.

 

[ecmst12]

If your union can't help you, then it's not likely you have a case for anything. Cutbacks can legally be made for any non-discriminatory reason. Part time employees can be laid off before full time employees, and an entire site can be shut down.

 

[goodteacher]

verbal notice

Thanks for the input. I read that in some cases it is illegal to be fired when you receive a verbal notice of job security. Wouldn't the deputy super intendants e-mail be considered notice, or would that only be if we were fired?

 

[cbg]

In the VERY, VERY few cases where courts have found that a verbal notice of job security constitutes a binding contract, it has been cases where a statement such as, "John Doe, you will have a job here as long as you live" has been made.

An email saying that job cutbacks will be made on the basis of seniority is not going to reach that standard. Particularly where the employee making the claim is working under a contract that does not give her seniority.

 

[goodteacher]

Thanks

Thanks for the info. I'm not working under a contract. I guess it's time to give up though.

 

[cbg]

If you are union, you are working under a contract - the union contract. Your union has already told you that you do not have seniority rights under that contract. So yes, it's time to give up.

 

[goodteacher]

well...

Actually, I was a member of the union for 5 years. When this problem came up, I immediately called them. They couldn't find my membership. I said that I had been paying for 5 years. To make a long story short. Part-time people were not supposed to able to join the union and they are refunding all my dues from the past 5 years. At least I'll be getting some money.