Ending a contract early and summer pay
Ending a contract early and summer pay
In a resignation scenario where the teacher, for personal reasons, finishes only one school year of a contracted two, and admin is supportive and there are no hard feelings or complaints, what can be expected regarding summer pay? Are schools generally willing to complete 12 months pay even though school was in session 10 months, or would they only pay for the months taught because you resigned? I’m sure it could go either way since a contract is broken, but I’m curious if anyone’s done this. Getting an admin’s opinion would also be helpful. Thanks!
Re: Ending a contract early and summer pay
Technically summer pay is payment for services already rendered throughout the school year, so they ought to still pay you. Summer pay is not a "bonus." It would depend on the integrity of the school and unfortunately, unless you're in WE, you probably don't have lot of recourse if they decide not to pay you.
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shadowjack
- Posts: 2140
- Joined: Sat Oct 06, 2012 9:49 am
Re: Ending a contract early and summer pay
Don't expect summer pay and then it's a bonus if you get it. You are breaking contract, even if the admin is understanding. The investment they make in you in terms of visas, etc, is based on two years and if you break contract then they are not obligated to pay you beyond the point you broke contract. And because your contract doesn't state that they are withholding your salary to pay you over 12 months but you already made it, if they don't pay you, that's too bad.
That said, if admin is supportive, then you might get some money. Are they paying your way home, too?
That said, if admin is supportive, then you might get some money. Are they paying your way home, too?
Response
Both @Teach1010 and @SJ are accurate in part. The answer really lies in 1) Your contract, 2) Your ISs Policy, 3) Ownership.
The most common method of salary disbursement is as @Teach1010 described referred to as 'annualization', and is likely the one you are most familiar with if you come from a municipal DS system. You have a 10 month contract for $X salary thats dispersed to you over 12 months. In this case you have already rendered the services contracted for and you are indeed owed salary. There can be a number of issues with this including contract/policy terms or clauses that allow the IS to withhold coin otherwise earned against the cost of your OSH benefits, and even penalties. While the OSH costs are more legitimate, and penalties are rarely enforceable. The issue is that the IS has the time and resources to make you fight for whats owed you. If you have a really strong case, the local labor board likely has a commision/tribunal/arbitration/mediation option to attempt to obtain your witheld coin in a very informal and expedient way. If you elect the hard way, you may find your references is no longer a positive one.
@Sj is also accurate as the second most common method of salary disbursement is the 'business or corporate' method. In this system you are contracted for Y months at $X salary. You may not have any duties during the summer holiday, but you are still an employee. When you resign you are no longer an employee and not entitled to any holiday salary. ISs in this case usually have language that indicates the contract length is for 24 months, etc. In this case you were hired for 24 month, and left after 10, and as a result should only receive 10 months of salary. This is one reason why their is a small but significant number of vacancies in the Fall, as ITs collect their summer disbursements before they need to report for the next term.
Another potential disbursement system is the 'bonus' system were you are only hired for a 10 month contract and if you return for the next year either as part of your contract or as a renewal you will earn a bonus equal to 1-2 months salary upon return. This means ITs that complete their contract but do not renew may be leaving behind several months of coin.
Some ISs only offer 10 month or similar contracts and pay no holiday disbursements. In these cases however you are still getting your full salary amount, just nothing budgeted throughout the summer.
Some ISs (bottom tier) will do all sorts of things when they know youre leaving, such as withhold holiday coin until you return, even though its coin you already earned, their rational is you wont be able to collect, and if you make a nuisance of yourself, they will trash your reference.
Some ISs will make outrageous deductions based on supposed housing damage, classroom supplies, lost guarantees, disciplinary fines, drops in enrollment as a result of your departure, and even damages/costs of replacing you.
While your leadership may be supportive, or at least neutral, and provide you with a positive reference, they still must do what ownership requires, including the above mentioned actions. To ownership at lower tier ISs there is little reason to throw coin at you on the way out.
THE GOOD:
Talk to your leadership, be upfront, it might cost you some coin for that reference, but knowing what the ISs position will be even if its adversarial to you, allows you time to plan if you intend to dispute it, and gives you leverage to realize some value. Your IS may not want to give you the coin, but maybe return flights (which you wouldnt be entitled to) or something else is a compromise you can live with and be able to market the experience.
THE BAD:
Do all your research on local, regional, and national labor law. Look for an immigration or labor lawyer, preferably at a clinic or low cost. Have everything ready for an exit and break from the IS. Wait until the very end of the year (because they may dismiss you immediately), then submit your resignation and formal demand for all coin including citation of union regulations or laws that support your case. Show ownership you know your rights and their obligations, and that if they want damages for breach they will have to obtain them through the judicial process, and not prior withholding.
Be prepared to accept a negative reference but Its a year experience you can always ghost, and a year isnt worth much anyway.
THE UGLY:
Keep collecting your holiday coin, and either resign after the last salary disbursement, or just never return and report.
This option also provides you the benefit of maintaining your social/health insurance benefits throughout the holiday, as well as housing if provided (you could rent it out on AirBnB) or continue using it or your allowance during the holiday as well.
If you did your research well, you may have identified a requirement in the labor law or union regulations that requires an employer to give you advance notice of dismissal (IE. 30 days) or salary (severance) equal to the same period of time. When you dont show up, your leadership will dismiss you (without advance notice) and you can file a claim/dispute for the severance amount (including salary and allowances).
The most common method of salary disbursement is as @Teach1010 described referred to as 'annualization', and is likely the one you are most familiar with if you come from a municipal DS system. You have a 10 month contract for $X salary thats dispersed to you over 12 months. In this case you have already rendered the services contracted for and you are indeed owed salary. There can be a number of issues with this including contract/policy terms or clauses that allow the IS to withhold coin otherwise earned against the cost of your OSH benefits, and even penalties. While the OSH costs are more legitimate, and penalties are rarely enforceable. The issue is that the IS has the time and resources to make you fight for whats owed you. If you have a really strong case, the local labor board likely has a commision/tribunal/arbitration/mediation option to attempt to obtain your witheld coin in a very informal and expedient way. If you elect the hard way, you may find your references is no longer a positive one.
@Sj is also accurate as the second most common method of salary disbursement is the 'business or corporate' method. In this system you are contracted for Y months at $X salary. You may not have any duties during the summer holiday, but you are still an employee. When you resign you are no longer an employee and not entitled to any holiday salary. ISs in this case usually have language that indicates the contract length is for 24 months, etc. In this case you were hired for 24 month, and left after 10, and as a result should only receive 10 months of salary. This is one reason why their is a small but significant number of vacancies in the Fall, as ITs collect their summer disbursements before they need to report for the next term.
Another potential disbursement system is the 'bonus' system were you are only hired for a 10 month contract and if you return for the next year either as part of your contract or as a renewal you will earn a bonus equal to 1-2 months salary upon return. This means ITs that complete their contract but do not renew may be leaving behind several months of coin.
Some ISs only offer 10 month or similar contracts and pay no holiday disbursements. In these cases however you are still getting your full salary amount, just nothing budgeted throughout the summer.
Some ISs (bottom tier) will do all sorts of things when they know youre leaving, such as withhold holiday coin until you return, even though its coin you already earned, their rational is you wont be able to collect, and if you make a nuisance of yourself, they will trash your reference.
Some ISs will make outrageous deductions based on supposed housing damage, classroom supplies, lost guarantees, disciplinary fines, drops in enrollment as a result of your departure, and even damages/costs of replacing you.
While your leadership may be supportive, or at least neutral, and provide you with a positive reference, they still must do what ownership requires, including the above mentioned actions. To ownership at lower tier ISs there is little reason to throw coin at you on the way out.
THE GOOD:
Talk to your leadership, be upfront, it might cost you some coin for that reference, but knowing what the ISs position will be even if its adversarial to you, allows you time to plan if you intend to dispute it, and gives you leverage to realize some value. Your IS may not want to give you the coin, but maybe return flights (which you wouldnt be entitled to) or something else is a compromise you can live with and be able to market the experience.
THE BAD:
Do all your research on local, regional, and national labor law. Look for an immigration or labor lawyer, preferably at a clinic or low cost. Have everything ready for an exit and break from the IS. Wait until the very end of the year (because they may dismiss you immediately), then submit your resignation and formal demand for all coin including citation of union regulations or laws that support your case. Show ownership you know your rights and their obligations, and that if they want damages for breach they will have to obtain them through the judicial process, and not prior withholding.
Be prepared to accept a negative reference but Its a year experience you can always ghost, and a year isnt worth much anyway.
THE UGLY:
Keep collecting your holiday coin, and either resign after the last salary disbursement, or just never return and report.
This option also provides you the benefit of maintaining your social/health insurance benefits throughout the holiday, as well as housing if provided (you could rent it out on AirBnB) or continue using it or your allowance during the holiday as well.
If you did your research well, you may have identified a requirement in the labor law or union regulations that requires an employer to give you advance notice of dismissal (IE. 30 days) or salary (severance) equal to the same period of time. When you dont show up, your leadership will dismiss you (without advance notice) and you can file a claim/dispute for the severance amount (including salary and allowances).
Re: Ending a contract early and summer pay
Shadowjack's hit the nail on the head, and explained it quite simply. Unless you have it written in your contract, or some other official place, that you are paid 12 for working 10, then expect to get 10.
You may get 12. Depending on the circumstances of your departure, many admin would support paying 12. I would, assuming there's no active misbehavior on the part of the teacher, you are leaving for a sympathetic reason, and you work hard up to the end. Some schools or admin types take a tougher line, but overall I'm of the opinion that if you play fair, schools usually do too.
Also, make sure to tell the school in writing that you are resigning effective Aug 1 or whatever date coincides with the end of summer. Technically you will still be "employed" and therefore payable. But even that may not work. If the school was likely to play nice anyway, that resignation date keeps the I's dotted. But if they are inclined to be difficult, they can just fire you effective the last day of the year.
You may get 12. Depending on the circumstances of your departure, many admin would support paying 12. I would, assuming there's no active misbehavior on the part of the teacher, you are leaving for a sympathetic reason, and you work hard up to the end. Some schools or admin types take a tougher line, but overall I'm of the opinion that if you play fair, schools usually do too.
Also, make sure to tell the school in writing that you are resigning effective Aug 1 or whatever date coincides with the end of summer. Technically you will still be "employed" and therefore payable. But even that may not work. If the school was likely to play nice anyway, that resignation date keeps the I's dotted. But if they are inclined to be difficult, they can just fire you effective the last day of the year.
Discussion
They could dismiss you immediately as well, which isnt uncommon. Ive known ITs who gave notice they were resigning at the end of the academic year (mid contract) in December thinking they were being professional by giving leadership as much advance notice as they could, to then be informed by email over the winter holiday that their appointments were terminated.