Legal Question in Business Law in California

What is my next move?

I am a substitute teacher, who was attempting to obtain a specific 1-year contract/position with a school district. I was informed by a department coordinator of the position in early June. I was told to keep this information a secret because it was a conflict of interest and it was sharing of information I should not be receiving. I was also told a specific week, in June, to attempt to apply for the position. However, the position was not flown until mid-August. Because of the delay I sought other employment opportunities. Then, in August I was again contacted by the same coordinator and given a �heads-up� about the positions. I was lead to believe that because of my prior services rendered in the district, and my positive standing with administrators, that the job would be mine. I was interviewed by multiple administrators at the same time, one of which was the person who leaked the job opportunity to me. Nevertheless, I did not receive the position.

Because of what I was told by the coordinator, I declined multiple job opportunities due to the fact that this particular position put my college degree to use. Now, I am out a 40K � 75K contract, with absolutely no potential contract opportunities. I have been denied EDD because the district assured me work (sub work). However, school is in session and I have not been contact with any assignments. I would like to pursue this matter to the full extend, but am not sure what that is or what my rights are. Any help will do, and I appreciate all that take the time to reply. Thank You.


Asked on 8/19/13, 5:04 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

I'm sorry, but you don't appear to have a 'matter' or 'rights' to pursue regarding the position. You were not legally offered or 'guaranteed' a job through a formal job offer and contract in accordance with the required Education Code rules and procedures. You got only an improper and possibly 'illegal' whispered 'maybe for a friend'. Your reliance on that unauthorized whisper was quite unwise and unfounded. Your decision to not pursue other possible offers resulted in 'unintended' but easily foreseeable consequences to you. No one else is legally liable for any loss of income you suffer.

Whether EDD denial of benefits is appealable depends upon the stated facts and reasons they gave, and whether you have evidence to demonstrate they are wrong in the decision. If you think you can prove that, feel free to contact me to discuss the appeal facts and costs.

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Answered on 8/21/13, 3:21 pm


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