AboutThomas R. Ballas Expertise I will take questions about EEOC complaints, ADA, FMLA and most Human Resource issues. I am an expert in the Railway Labor Act and collective bargaining agreements.
Experience I have 36 years experience in the rail industry, 16 as the lead company negotiator for all Section Six talks.
Education/Credentials BA in Psychology, PHR and SPHR Certifications.
Question For almost 3 years I have been working inhouse as a computer network
administrator for a high school in NYC, even though in the DOE system I was
listed until recently as "computer aide". Since the "computer aide" title was a
civil service provisional title, and the new laws in the city state that a
provisional title can only be held a maximum of 9 months, my title was
changed temporarily to a "computer service technician" permanent title until
the end of the school year.
To keep my job, I had to keep the title. To keep the title, I had to make a list.
To make that list, I had to pass a test, that was given a year before I was even
notified of all of this. I was informed that the DOE was probably not giving
the test again for a couple of years.
Our AP decided that she wanted to keep me, so she suggested that when the
time came to make a decision, she would change me to another temporary
title that would pay 40% less than what I have been paid so far.
Now, aside from the fact that I have worked numerous hours overtime which
were not paid (even though I would get docked from my salary if I came in
10 minutes late), my husband and I did the math, and I would be getting
more in unemployment than I would by staying there.
Considering my options, I requested that I would be laid off. I received my
termination letter, signed by my direct supervisor and cc-ed to our principal
on June 15. My last day, it stated, was June 26th.
This past monday (on june 29th) I filed for unemployment, only to be called
by the school today and be told that my termination is not yet in the system
and I would have to work in the meantime.
I am confused: didn't they have ample time to sort this out? What can I do?
To give a few more details, I was also promised a higher salary than I ever
received (by $12k/yr), I have been doing a job for the school that normally is
done by a team of people in a corporation (typically with a higher salary than
mine received by a junior member) and I have not been getting a budget in
over 2 years to upgrade and maintain the network, resulting in a lot of
headaches and backflips in trying to keep the network together.
I have been warning them constantly that we need backups for our servers,
and my warnings fell on deaf years.
I am genuinely afraid that there have been some issues with the servers, and
the AP is trying to pull some strings to prolong my stay because of it (if they
hired a consultant, they would be charged over 4 times my original salary if
the problem is what I think).
What can I do?
Answer Camelia:
Sounds like they do not wish to terminate you. The good thing is you have the termination letter signed by Management. I would take it back to the UC office and present it.
I would think they have to accept it as written, but I am no expert of Unemployment Compensation.
As for the other issues, I would just put them behind me and move on, as you are leaving their employment, and are obviously qualified to find other work.
