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  1. #1
    Join Date
    Oct 2004

    Default Fired as Substitute Teacher

    I recently applied for a job position at a school, working as a substitute. I am very qualified for the job.

    I was supposed to work for a month, substituting for a teacher on short-term leave. After only two days I was told not to come in any more. The principal told me I could no longer work there, but would not provide reasoning or district policies to justify or explain his decision.

    Am I legally entited to request a written response as to why I was not allowed to work? How do I go about getting this if he refuses to provide me with one?

  2. #2
    Join Date
    Sep 2004

    Default At Will, Policy, or Employment Contract

    Your rights as a worker depend upon the laws of the state where you work, and whether or not there is a contract governing your employment. Typically, substitute teachers are hired on a casual, at-will basis. It is not clear from your inquiry if there was an actual contract for you to work for the full month. If not, the question of whether the oral representation would create such a contract will turn on state law.

    If there was no contractual obligation to maintain your employment for the month, the district would typically be able to decline to continue to utilize your services. What the school board cannot do, whatever the contractual situation, is discriminate against you on the basis of a protected status - e.g., race, religion, ethnicity, nation of origin, gender, skin color. I do not know how any of that would apply to your particular case.

    I can't give you a reasonable analysis of your case without knowing the location of these events and a more complete version of the facts. You will be best served by discussing your situation with an employment lawyer in the state and county where you reside.

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