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[retired_at_last]

I had a letter of offer for a two year position at a State University in Georgia. Four months later (two days before classes began) along came a 'contract' with furloughs, and a sliding 3-10% loss of salary. There were no contingencies or caveats in the offer letter. I didn't sign the 'new' contract, and I was let go. It was "our way or the highway". Broken Law #!: breach of contract. Then came the COBRA issue. In order to save money, the U outsourced their payroll services, COBRA, benefits, etc. But then they ceased communicating with their COBRA subcontractor. I didn't get my election materials on time. Broken Law #2. After many, many complaints and much stonewalling, I got election materials. But they want to surcharge/double-bill an extra month's premium to get services. Broken Law #3. The Federal Government doesn't enforce its laws upon public entities, so I have to sue them to get regress. Meanwhile, for me, I don't have access to medical care, and am getting ill. If I die from lack of care, of course, my heirs can sue them for wrongful death. BUT I'D RATHER LIVE, and this option isn't available to me. So, I have to become reemployed to get medical access. So much for the COBRA solution for public school employees. It's doesn't work if you work for a public entity and they are going flaky. Word to the wise, if a potential public entity employer HAS invoked furloughs, their feet are on the proverbial banana peel and I don't recommend you join them for the ride! One thing these institutions don't think about is that if they fail to meet their contractual obligations, then 1) their credit rating will show, and 2) they will never get quality faculty to join them again (if we all spread the word and make known what they are doing).

[sciencephd]

Wouldn't you have been much better off by taking the job and signing the contract ?

[charlesr]

So you backed out of a two year position over a 3-10% pay cut?  If the original offer had been for the reduced amount would you have accepted it

[retired_at_last]

The issue was that I own a house in Texas (loan a bit under water), and with the cut, would either lose it and stay in GA, or leave my second residence in GA and save my retirement home. I retired (early). Now those incomes take care of the Texas property, and any one-term work I pick up is gravy except for maintaing a small second residence.

[tee_bee]

There are so many out clauses in these contracts that I doubt you'd have a cause of action in state court. The contract probably has something along the lines of "subject to the rules and regulations governing employment by the State of Georgia," which would cover the furlough.

These contracts aren't really contracts, IMHO, because neither side really has the desire to aggressively enforce them.

And an offer letter, if phrased properly, never constitutes a contract.

It sucks--furloughs suck, the economy sucks, etc. But no breach of contract here. Even if you'd been under contract, the state would have been within its rights under the various loopholes. I'm feeling it here in the South too. Especially since we have no unions. My last position was unionized, and the result is that salaries and raises happen, but grad assistantships, travel, (many-years) deferred maintenance is cut, and the physical infrastructure goes into the toilet, if the plumbing still works.

We can, of course, withhold our labor. Problem solved.

[retired_at_last]

Actually, that's where they screwed up. There we NO 'out' clauses in my letter, and I suspect in any of the new-hire's letters. That's why I think I have a chance. Also, something I learned from a prior suit against my employer, since I am a TX citizen, it goes to Federal court, not State court, and there will be fewer tricks.

[neutralname]

One thing these institutions don't think about is that if they fail to meet their contractual obligations, then 1) their credit rating will show, and 2) they will never get quality faculty to join them again (if we all spread the word and make known what they are doing).

I don't know about the legal side to your case.  Maybe you have a case, although I'd be surprised.

However, the idea that any school has to worry about attracting quality faculty in the current job market is absurd.  There's a glut of excellent scholars looking for jobs. 

[retired_at_last]

Not in my area" Physics.

[aandsdean]

Not in my area" Physics.

Don't kid yourself.

[helpful]

I hope you are writing your rep and senator to support a public option for health insurance given what you went through regarding COBRA.

[higherandhigher]

Broken Law #2. After many, many complaints and much stonewalling, I got election materials. But they want to surcharge/double-bill an extra month's premium to get services.

Fact. You have up until 60 days after coverage termination to sign up for continuation coverage under COBRA. However, that coverage is always retroactive to the termination of coverage date and always requires premium payment based on that start date. In my opinion, this is a GOOD thing, as it ensures continuous coverage and allows some flexibility when in between jobs.

[helpful]

Broken Law #2. After many, many complaints and much stonewalling, I got election materials. But they want to surcharge/double-bill an extra month's premium to get services.

Fact. You have up until 60 days after coverage termination to sign up for continuation coverage under COBRA. However, that coverage is always retroactive to the termination of coverage date and always requires premium payment based on that start date. In my opinion, this is a GOOD thing, as it ensures continuous coverage and allows some flexibility when in between jobs.

If there was a public option for insurance, you wouldn't have to worry about such bureaucratic rules and procedures.

[higherandhigher]

If there was a public option for insurance, you wouldn't have to worry about such bureaucratic rules and procedures.

Oh, I agree, but to claim that the law was violated for collecting the proper premium amount seems absurd.

[sciencephd]

The issue was that I own a house in Texas (loan a bit under water), and with the cut, would either lose it and stay in GA, or leave my second residence in GA and save my retirement home. I retired (early). Now those incomes take care of the Texas property, and any one-term work I pick up is gravy except for maintaing a small second residence.

Over a "3-10 % salary reduction". 

I don't doubt that you have issues, however they are not what you think they are.

[aandsdean]

By the way, in Georgia the letter of offer is NOT a contract.  It's an offer, and says something like, "Please indicate below if you are willing to accept this employment at the offered terms.  This offer is contingent on approval by the Board of Regents and issuance of a contract."

In other words, they were asking you if you would accept at the terms in the letter.  You said yes.  The actual deal was in the contract, and it's your choice whether or not to take the terms there.

I love this "broke the law" stuff.  It would be helpful if you actually knew the law before getting all high and mighty.  I've (obviously) worked for the University System of Georgia, and trust me, they have really good lawyers...as in, the state attorney general's staff.  They're not likely to make a stupid mistake on basic employment law.