Leave of Absence...

[yolandanewell]

What is the name of your state? CA

History of our problem and legal question follows at end of sequence of events
I work for the corporate office of a post secondary vocational institution which teaches medical courses - we've been open now two years (February) and are also the owners of a local beauty college that has been in business for nearly 60 years... the owners know their stuff when it comes to education.

Our goal was to launch a much needed advanced Phlebotomy course that exceeds state requirements due to the fact that we refuse to teach a weekend course (the demand in this area for well rounded phlebotomists has driven our desire to supply an education, including blood draws - which would create a more hireable individual post education). We sent off the application for launch. A miscommunication with the state arose 1/2 way through this course causing us to have to close the class pending correction on our application - we are board certified however the state had requirements that were not met (mainly a clerical issue).

We had hired a gal to instruct this class for us. According to our institutional guidelines it is mandatory that all of our instructors maintain an appropriate relationship with our students which means that they are not to build personal relationships with them that would interefere with the college itself nor disrupt the students learning.

When the issue of having to close the course arose - and the news was delivered to our students - we put this instructor onto temporary leave of absence pending the correction with the application.

Of course, this infuriated her. She then launched into what I consider a campaign against our institution telling the students that our college "ripped them off" - we had offered each and everyone of these students another "quick course" (EKG, CPR, Admin certs) which would have filled their time during the period where we could re-launch phlebotomy. Those that accepted this course were going to start the quick course the following monday - all of them accepted (this was Friday). By Monday morning every one of those students dropped (causing insurmountable issues with their loan companies) - and the reason was because they had been told by their instructor that we were lying to them and were never 'certified' to teach phlebotomy ( which we are - the extended course has other requirements). Then the complaint calls to the state started - all have been proven untrue yet the multiple complaints and the nature of the complaints placed our application at a complete halt. We are now ready to launch the course again.

legal question

We sent this instructor, prior to the uprising, onto a temporary leave of absence with the stipulation that once our course launched again she would be brought back to teach, the leave was unpaid. Our institution is an at will company and we do have a 6 month probation period - which she was only with us for approximately 8 weeks.

Considering the interaction with the students and this persons involvement with rallying complaints against us we just don't want to open that can of worms.

How do I LEGALLY not bring her back on board?

 

[cbg]

Does she have a contract that guarantees her employment for a specific period of time?

If she does not, then the only thing you need to is say, "Sally, your services are no longer required. Here is your final pay and any unused vacation. Don't let the door hit you on the way out".

 

[yolandanewell]

Still under probation...

Thank you very much for your quick reply

When we placed her onto the leave of absence... I would have to go over the letter that was given to her upon being placed onto that leave of absence - I believe we did insure that she would be given an opportunity to return... I'm worried that we may have shot ourselves in the foot.

However - no guarantee as to the length of her employment was ever given at the time of hire... in fact it was specifically explained to her (I know this because I was the one that hired her) that we are an at will company.

She is owed no pay. She has not contacted our company since her LOA began to inquire about the status of the course.

Under all of these conditions we're still safe to say that we don't need to contact her and ask her back?...

 

[ecmst12]

You might consider hiring a lawyer to draft a strongly worded letter to this crazy chick, demanding she cease and desist all contact with any current students, and she is not to continue to defame your organization to anyone. If you really want her to go quietly, you might also consider offering her a small severence, contingent on her agreeing to shut the (blank) up. Have the lawyer draw up the agreement, and if she violates it, sue her crazy butt.

There is, as mentioned, NOTHING illegal about just firing her, my suggestions are only if you want to avoid any further scenes in the least troublesome way possible.

 

[cbg]

Check the letter. If indeed you did guarantee her the opportunity to return, show the letter to your corporate counsel and discuss it with him. If she has anything that can be construed as a contract, you'll need to have your legal counsel on board before you take any action.

If there is nothing in the letter promising that she can return, then yes, you are safe. California is an at-will state and BARRING A CONTRACT, an employee can be fired for any reason that does not specifically violate the law.

What you need to establish is whether the letter you gave her putting her on leave can be construed as a contract.

 

[yolandanewell]

Thank You!!!

I'm on it!!!! I'll have HR pull the letter and I'll run it by our attorney today!!

Much appreciated!!! We just want these people to be successful in their career... and it scares the you know what out of me with the thoughts of placing an aggressive instructor back in front of them - one that completely turned on our standards of what it means to put those students first...

Thanks again!!!!

 

[yolandanewell]

Ecmst...thank you!

You might consider hiring a lawyer to draft a strongly worded letter to this crazy chick, demanding she cease and desist all contact with any current students, and she is not to continue to defame your organization to anyone. If you really want her to go quietly, you might also consider offering her a small severence, contingent on her agreeing to shut the (blank) up. Have the lawyer draw up the agreement, and if she violates it, sue her crazy butt.

There is, as mentioned, NOTHING illegal about just firing her, my suggestions are only if you want to avoid any further scenes in the least troublesome way possible.

This is very wise advice... if she does decide to rock the boat again - this is one way to approach that bridge... due to the overwhelming and sudden complaints against our college... it really stopped us for a substantial amount of time (over two months) ... tempers are calm (let's hope) --- we're back on track and the state (not to mention our externship sites) are drooling over the curriculum and the vision - that's our first priority - getting these people gainfully employed... her efforts should be easily squashed (again let's hope) as they would be going against a very well established and highly recommended institution (she's disgruntled... ) - the advice we've received here is really helping us to feel confident in moving forward...

Thank you!

 

[yolandanewell]

Update...

She had an approximate return date of 4/1 - this date has come and gone without communication from her.

We're clear...thanks so much