Wrongful "excessing" from school job


Old 03-09-10, 05:44 AM
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Join Date: Mar 2005
Location: USA
Posts: 119
Wrongful "excessing" from school job

I was "excessed," meaning I am still working (as a school psychologist) but I am very vulnerable if there are lay-offs. I was told that I was excessed because I was the "least senior psychologist in my building" -- but I was the only psychologist in the building because that is how psychologists work. The contract says "within the school, superintendency or other organizational unit, the employee with the least seniority within license will be the first to be excessed." Since it says "or other organizational unit," it seems improper to excess me from a unit where there are no other employees to measure my seniority against, rather than an organizational unit which maintains numerous psychologists (i.e. the school district). Do I have a cause for action if there are lay-offs? (I have 22 years seniority and 100% satisfactory ratings.) Many thanks.
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Old 03-09-10, 06:50 AM
GregH's Avatar
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Join Date: Jan 2001
Location: Manitoba
Posts: 9,733
I think the time to act is now, not when/if there are layoffs.
You would need to first get an opinion from whatever association you belong to and perhaps a lawyer so you can hammer this out before any more cut backs.
Unless you are retirement age and could use a settlement, it is much more difficult to get back after a layoff than it would be to settle this now.

I agree that on the surface it looks like you are right but there could be several other clauses that could over ride your interpretation.

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