Legal Question in Employment Law in California
Not sure what is legal.
I was recently terminated from an administrator/teacher position at a non-public school site, then rehired 3 days later when they realized they were in violation of my contract. I went back to work the remainder of my contract. My second day back I received a memo stating that administrative staff (there are 3 of us) although my title is administrative designee/teacher does not get Winter Break or Spring Break off as does the teaching/classroom staff. According to my notes from my initial interviews I was told I would get off all school holidays. The school calendar shows the dates as school holiday. Is this legal for them to do?
2 Answers from Attorneys
Re: Not sure what is legal.
The terms of the written agreement will control the conditions of your employment. If there is no reference to paid time off in the contract, you may be able to argue that there was a verbal agreement to allow you off on school holidays, but the burden of proof is on you to establish this agreement.
In private employment, there is no legal requirement that employers must allow employees to take off during school breaks. In fact, it is not uncommon for administrative employees to continue to work during such breaks.
Re: Not sure what is legal.
Same contract that put you back to work should also address your time off. If not, you can argue that you were told it would be time off. If contract sets forth arbitration provisions re violations of contract and/or interpretation problems, seek arbitration if not resolve otherwise.
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