Wife wrongfully fired in state of New Jersey???

[danzig1971]

What is the name of your state (only U.S. law)? New Jersey
New to this site and looking for some help.
Got the phone call from the wife today crying that she was terminated on the spot.
She was employed by a local school district.
The superintendent approached her today and said i am suggesting that the board does not renew your contract and you have 15 minutes to gather your items and leave the property, also we will pay your salary till the end of June.
. So she did so with no fight and was very professional about it. She asked why am i getting terminated she was answered with: you weren't a fit and there were few things and it was left at that.
She has an Employment Contract it states: The parties agree that this contract may at any time be terminated by either party giving to the other , 60 days written notice of intention to terminate the same, but that in the absence of any provision herein for a definite number of days' notice, the contract shall run for the full term named above.
Everything was done verbal today. Is this right? Shouldn't of she gotten written notice first?

 

[Silverplum]

What is the name of your state (only U.S. law)? New Jersey
New to this site and looking for some help.
Got the phone call from the wife today crying that she was terminated on the spot.
She was employed by a local school district.
The superintendent approached her today and said i am suggesting that the board does not renew your contract and you have 15 minutes to gather your items and leave the property, also we will pay your salary till the end of June.
. So she did so with no fight and was very professional about it. She asked why am i getting terminated she was answered with: you weren't a fit and there were few things and it was left at that.
She has an Employment Contract it states: The parties agree that this contract may at any time be terminated by either party giving to the other , 60 days written notice of intention to terminate the same, but that in the absence of any provision herein for a definite number of days' notice, the contract shall run for the full term named above.
Everything was done verbal today. Is this right? Shouldn't of she gotten written notice first?

I'm quite sure she'll receive written notice. Also, I'm sure you're leaving out some very pertinent facts.

 

[danzig1971]

I'm quite sure she'll receive written notice. Also, I'm sure you're leaving out some very pertinent facts.

Facts such as?

 

[danzig1971]

Facts such as?

My question is shouldn't she of received the written notice first?

 

[Silverplum]

My question is shouldn't she of received the written notice first?

That depends on what she did that caused the principal to give her 15 minutes to be out of there. One can imagine many unpleasant scenarios.

I'm not an employment expert: others will come along with decades of experience. But your story lacks motive, so I stopped to ask that part.

 

[cbg]

It is impossible to say, on the basis of a single paragraph taken out of context, and with no more facts than you have provided, whether she was entitled to written notice first. For all we know, there is language elsewhere in the contract that modifies the paragraph you quoted. Also, given that she is being paid till the end of the school year, it is possible (depending on the exact wording of the full contract) that this is considered completion of the contract. In any case, unless somewhere in the contract she is expressly promised renewal, there is nothing illegal or wrongful about failing to renew it when it expires.

She is, of course, free to take the ENTIRE contract to an attorney in your state for review if SHE believes it was violated.

 

[quincy]

My question is shouldn't she of received the written notice first?

Although the employment contract would need to be read in its entirety, it appears that the contract is not being terminated early - if it was to run through June. Only your wife's employment AT the school is being terminated early.

There is a slight difference here but this difference would seem to make the 60-day notice unnecessary.

In other words, and assuming the full term of the contract covered employment through June and your wife is being paid through June, she is being allowed to serve out the full term of her contract - just not at the school.

 

[Chyvan]

she was terminated on the spot.
She was employed by a local school district.

She needs to file for unemployment and make it clear that she's is NOT on summer break.

 

[quincy]

She needs to file for unemployment and make it clear that she's is NOT on summer break.

I believe danzig's wife needs to wait until July to file for unemployment. A salary continuation after job termination extends the term of employment. She will still be considered a full-time employee until her contract expires at the end of June.

And, of course, whether she will be able to collect unemployment benefits will depend on the reason for the hasty termination of her employment.

 

[Chyvan]

I believe danzig's wife needs to wait until July to file for unemployment.

Not always. It's a state thing. I don't know NJ's take, but in many states, wages are defined as work for remuneration. If she's not working to get the money, then she's unemployed within the meaning of the law.

Besides that, it takes NJ about 8 weeks to adjudicate a separation issue. If the extra time does count against her, it'll be that much less of a gap with no income.

http://lwd.dol.state.nj.us/labor/ui/content/faq.html NJ even covers the topic in their FAQs

Q. Should I wait until my severance pay ends to file a claim?

A. No, because some severance/separation payments do not extend employment. You should file your claim after you stop working full-time. Payments that do not extend employment include severance payments based on years of service with an employer. However, salary continuation through termination and payments in Lieu of Notice, do extend employment. When you file your claim by telephone, the agent will review all separation payments with you before the claim filing process is completed. If you file your claim via the Internet, and it appears that your payment for periods after your last date of work may affect your unemployment benefits, you will be scheduled for an interview with a claims examiner.

Let the NJ UI people figure out it out, but I wouldn't delay filing just because you think it might count.

 

[quincy]

Not always. It's a state thing. I don't know NJ's take, but in many states, wages are defined as work for remuneration. If she's not working to get the money, then she's unemployed within the meaning of the law.

You should check out New Jersey laws.

danzig's wife is employed if her salary as per her contract is extended past her physical termination date (which appears to be the case here).

Separation or severance payments will not always be seen to extend employment and the employee whose job has been terminated can apply for and possibly qualify for unemployment benefits then.

Your statement that "if she's not working to get the money, then she's unemployed within the meaning of the law" is incorrect.


Here is a link to New Jersey's laws (scroll to page 19):
http://lwd.dol.state.nj.us/labor/forms_pdfs/ui/PR-94.pdf

 

[I'mTheFather]

Not to mention that if she gets a new job in the fall, she'll likely have to repay any benefits received.

 

[Silverplum]

I still wonder what the Mrs did to be given 15 minutes to get out. That's one step above being escorted away by police. OP chose to play coy instead of answer.

 

[quincy]

Not always. It's a state thing. I don't know NJ's take, but in many states, wages are defined as work for remuneration. If she's not working to get the money, then she's unemployed within the meaning of the law.

Besides that, it takes NJ about 8 weeks to adjudicate a separation issue. If the extra time does count against her, it'll be that much less of a gap with no income.

http://lwd.dol.state.nj.us/labor/ui/content/faq.html NJ even covers the topic in their FAQs

Q. Should I wait until my severance pay ends to file a claim?

A. No, because some severance/separation payments do not extend employment. You should file your claim after you stop working full-time. Payments that do not extend employment include severance payments based on years of service with an employer. However, salary continuation through termination and payments in Lieu of Notice, do extend employment. When you file your claim by telephone, the agent will review all separation payments with you before the claim filing process is completed. If you file your claim via the Internet, and it appears that your payment for periods after your last date of work may affect your unemployment benefits, you will be scheduled for an interview with a claims examiner.

Let the NJ UI people figure out it out, but I wouldn't delay filing just because you think it might count.

Chyvan, I see you edited your post after I posted and provided a link to New Jersey's laws.

What has been described is NOT severance pay if the contracted for salary is to be paid through the end of June and the end of June is when the contract expires. It is an extension of employment through June and, therefore, danzig's wife will not qualify for unemployment benefits. She is considered employed and receiving 100% of her salary. There are no unemployment benefits to claim or collect.

Like Silverplum, I am curious about what led to danzig's wife being sent home so quickly. There may not be any unemployment benefits to collect even AFTER the contractual payments are made through June.

Finally, your statement that "if she's not working to get the money, then she is unemployed within the meaning of the law" is still just plain wrong - in New Jersey and in all other states.

 

[I'mTheFather]

I still wonder what the Mrs did to be given 15 minutes to get out. That's one step above being escorted away by police. OP chose to play coy instead of answer.

That's actually pretty common in schools because they don't want the teacher speaking to the students about it. The board action that resulted in her removal may have been due to insubordination, rather than something that really merits that kind of removal.