Fired substitute teacher says district is violating state law

Perris Union High School District officials have had no comment on allegations by a fired substitute teacher.

By Doug Spoon, Editor

Substitute teacher Jacob Burnard’s dispute with the Perris Union High School District continues, with Burnard protesting the fact he has not received his final paycheck following his termination a week ago.

A personal dispute between a teacher and their employee might not normally be news to the general public, but this one is drawing attention for several reasons. First, Burnard is regarded by students as one of the most popular substitutes in the district. Second, he believes he was fired as retaliation for challenging the district’s stance on his previous pay status. Third, he says PUHSD is breaking the law by withholding his final check.

"They're supposed to have me sign for my final check and receive it that day," Burnard said. "Each day it is not supplied to me, they are liable for an extra $250."

Burnard quotes California law in his defense. According to state law, substitute teachers are considered employees and are eligible for the same rights upon termination as a full-time employee. The law also states that employers must provide the final paycheck immediately at the time of termination. If the employer fails to do that, they must as a penalty pay the amount of a normal daily wage for each day the check is late.

Burnard told Menifee 24/7 he is owed $2,500 for 10 days' service for which he has not been paid. It has now been eight days since his Sept. 24 termination, which was given him by email. So in addition to that amount, state law says that Burnard as of today would be owed an extra $2,000 -- based on his daily wage of $250.

Shanna Egans, assistant superintendent of educational services for PUHSD and the primary contact for media inquiries, did not respond Tuesday to a media inquiry asking why Burnard has not been paid. But on Wednesday morning, Burnard received an email from Human Resources Chief Officer Alfredo Andrade, informing him that "your last pay warrant will be sent from our County Office of Education on Oct. 9."

If that were to be the case, by law Burnard would be owed $3,750 in penalty fees on top of the $2,500 that is already owed him. Burnard said he is seeking legal counsel to challenge both his termination and the delay of his final paycheck.

Adding to the controversy is a claim by Burnard’s daughter, Katherine. A senior at Paloma Valley High School, she was the organizer of a student walkout Sept. 26 in protest of what she says is her father's wrongful termination.

Katherine Burnard said she was told by a Paloma Valley teacher that the teacher received what appeared to be a mass email sent out by the school, claiming that Burnard had already received his final paycheck. Egans had no response Tuesday when asked about this apparently false statement, and why the district and/or school would share personal information about Burnard’s pay status with other teachers.

Jacob Burnard said he was never given the opportunity to pick up his final paycheck. His termination notice was given by email, and he didn’t have the chance to go to the office after school and turn in his badge, as requested in the email. Instead, he was escorted out of a classroom and to his vehicle by vice principal Joe Williams and security personnel.

Burnard also said that he suspects his termination occurred because of an email he sent to other substitutes in the district on Sept 24. In that email, he suggested others inquire with the district HR Department about district officials’ statement that they only have to pay substitutes a half day’s pay when they are assigned to classes for three periods or less.

As reported here previously, Burnard cites the district substitute teacher’s handbook statement that PUHSD has a full day assignment policy, which he says means they are to be paid a full day’s pay for each assignment. He is challenging a statement sent to him in an email by Brenda Uriostegui, a clerk in the Human Resources Department, that “When a guest teacher is covering three periods or less, the assignment qualifies as a half-day, and compensation is made accordingly.”

In that email, Uriostegui wrote, “While sites will make efforts to find additional work or assignments for substitutes, if a site is fully staffed and has proper coverage, they have the discretion to determine the substitute’s need for the remainder of the day. This approach has been standard practice, though I understand it may cause some confusion and frustration.

“As a general guideline, Three periods or less = half-day pay, More than four periods = full-day pay.”

This “standard practice” is not mentioned in the substitute handbook.

“There is no mention of half day, only to the full day policy,” Burnard told Menifee 24/7. “Brenda making this claim suggests that many substitute teachers may have been victim of wage theft.”

Burnard said he sent the email to other substitutes shortly after receiving a negative performance evaluation the morning of Sept. 24. The performance evaluation said nothing about his job being in jeopardy. The time stamp of the next email to him from the district office shows that at 2:04 p.m. that same day, he was informed that he was terminated, with no reason given.

Burnard said he believes that district officials heard from other substitutes after his email was sent out to them and that he was terminated because of his actions, which he says were just a matter of him standing up for his rights.

In addition, Burnard said a substitute teacher who replied to his email said that he "has had similar problems but was afraid to speak out," referring to a threat from a staff member at another PUHSD school to send a negative review of him.