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traci72

**WannabeIP**....lost wages question

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traci72    200

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Hi, I am new here. I am an IP who is in the contract phase with our GC. The lost wages is tough because my GC is a substitute teacher at her children's school. This presents several issues because substitutes are paid on an as-needed basis which is determined every morning if and when teachers call in sick. There are no certainties. With the exception of filling in for a teacher on maternity leave (long-term sub who usually has a teaching background), there is no guaranteed income. It changes by the day.

Does anyone have any ideas or recommendations as to how we could get documentation and /or verification of her opportunity to work each day? But for the pregnancy, and bed rest, she would have had the opportunity to work on that specific day... Our attorneys are even stumped because substitute teachers have no guaranteed earning, nor a certain number of days they will definitely work each week, much less a month. It all depends on if the school needs a substitute teacher on any given day. When the school needs a substitute to fill in, they contact her the morning of to see if she is available. 

Any ideas or advice would be greatly appreciated!! 

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traci72    200

One thought that comes to mind, is that if there is some reason as to why she couldn't work (unless Dr ordered bed rest, pg is not a reason/excuse to not work), she ought to be able to get a brief note/email, some type of communication from the school or the school board, that she was called in to work and had to pass it up. There are always ways to find to document things, and I can't imagine them just refusing for no good reason. (though I suppose anything can happen)

 

"If GS is called in on any day for substitute teaching and is unable to accept due to Dr restrictions or ordered bed rest, then GS shall be required to provide documentation of such request made by a school. Documentation should be in the form of a written note or email listing date GS was requested to fill in and was unable to do so."

 

Or something like that. As a GS, I would have happily tried to do this in a heartbeat, if I felt I needed lost wages. 

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beachalice    21
38 minutes ago, traci72 said:

"If GS is called in on any day for substitute teaching and is unable to accept due to Dr restrictions or ordered bed rest, then GS shall be required to provide documentation of such request made by a school. Documentation should be in the form of a written note or email listing date GS was requested to fill in and was unable to do so."

I like this approach. However, if she gets a personal request and needs to turn down the opportunity, she's likely going to need to tell the school how long she is on bedrest or risk getting dropped from the list if she has too many unavailable days. If she tells the principal that she's on bedrest for X amount of time but hopes to stay on the list for future date, then she's not going to receive calls during that time to be able to document missed work. 

When I was a sub (more than a decade ago) the pay was only like $80 per day. And I did not accept every call that came my way because there are some grades or topics that I didn't feel comfortable with or had already committed to another teacher on the same day.

I'm sure with texting and mass communication apps available, it would be possible (if the GC wanted) to show missed opportunities daily even though she was only eligible for a fraction of the posted opportunities. 

How long has she been a sub? Is there any way to see past pay stubs to figure out a realistic average number of hours worked per week?

I would want to put a cap on lost wages based on past availability, then ask for documentation of missed opportunities (which does not include a mass text where 80+ people were invited to the same single classroom). 

Best wishes!

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