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ESS|Source4Teachers arbitration agreement
Old 06-25-2018, 11:26 AM
 
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Does anyone have concerns with signing the ESS | Source4Teachers arbitration agreement? I have not yet signed it, and I'm wondering why I should sign it. I'm guessing they will make some kind of threat that it is a condition of employment. Anyone else have concerns with signing away your rights?


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Old 07-02-2018, 08:58 AM
 
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I’ve not seen the agreement (source4teachers is not in my area) but typically it is a condition of employment that you sign the agreement.

What does the agreement cover and why is it causing you concern?
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Old 07-03-2018, 01:29 PM
 
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I've subbed for eleven school districts and Source4Teachers has contracts with three of them. They have districts in over half the counties in Pennsylvania. They do say you can't work for them until you sign the agreement. I could easily drop those three districts.

I have a problem with being forced to sign an agreement where I give up my rights with nothing in return.

The agreement appears to be a standard agreement. You waive your right to sue in a jury trial, you waive your right to appeal, and you waive your right for any dispute to be brought, heard or arbitrated as a class action.
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Old 07-03-2018, 10:10 PM
 
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Those are all typical things that an employer might want to protect against. If you are signing away your rights with nothing in return and can get along fine without the 3 districts then I say drop them.

I dropped Kelly Services when I found out that they had a 10% finders fee in their contract with a district. If the district hired a substitute into a contracted position then Kelly was owed 10% of the first year salary. All things being equal hiring the substitute would have been more expensive.

Since this was/is a growing district I decided to stop subbing there in order to have a better chance at a contracted position.

Employers like to use a carrot and stick approach; unfortunately it ends up being more stick than carrot.
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Old 07-04-2018, 09:42 AM
 
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Kelly charges your district 10% of the first years salary? That's insane, it must be a local thing. I'm going to be working in a Kelly Services district next year, and Kelly charges the district $300 if you become an employee. But that's only if you've worked for Kelly less than 90 days. It is waived if you've worked more than 90 days. Perhaps the district here just negotiated a really good deal.

As far as the ESS agreement, I received it by email yesterday morning. I assumed it was just something that ESS had always done, as this particular district was using PESG last year and ESS just converted all of the PESG employees to ESS for next year. I never like any such agreements and I'm wary of them, but I also consider the likelihood of it ever coming into play. I know that isn't zero, but in the district that I'm working for with ESS, they have a total of 20 schools and I generally only work in one of the high schools, one of the middle schools, and very rarely one of the other high schools. From what I gathered in my ESS orientation, they kept reiterating that they really don't care what we do in the schools as long as the schools themselves don't complain. I know that in the particular schools where I've been working, the schools don't complain about anything, and they actually like and respect their subs. Obviously you can't trust people 100%, but I feel that the schools would be fair to me. And if all else fails, the arbitration agreement didn't really seem like it was particularly polished from a legal perspective. Those things get challenged in court all the time and are found to be invalid over the tiniest details.

Do I like signing it? Absolutely not. Am I gambling? Absolutely. Everything that I am counting on could go against me. But I'm trying to envision any way that refusing to sign it and not working would be better for me than at least working and going through that process (or doing whatever else is necessary) should something go wrong. I think that the end, it all comes down to how much of a risk you're willing to take and whether or not you value working in that particular district. For me, I'll deal with it since I'm not planning to do this subbing after this year anyway (I'm in a certification program for a very high need area right now) and feel OK with the schools, but if it doesn't feel right, move on.


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Old 07-05-2018, 08:15 AM
 
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Quote:
Kelly charges your district 10% of the first years salary? That's insane, it must be a local thing. I'm going to be working in a Kelly Services district next year, and Kelly charges the district $300 if you become an employee. But that's only if you've worked for Kelly less than 90 days. It is waived if you've worked more than 90 days. Perhaps the district here just negotiated a really good deal.
Yes, 10% - I'm not sure if the district pays this themselves or it is deducted from the teacher's pay. Kelly is also paid $122.00 per absence, but pays subs $90.00/day. That extra $32.00 really adds up over the school year. I live in this district so I can find out things since I pay taxes.
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Old 07-05-2018, 09:47 AM
 
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I'm aware of one school district in the Pittsburgh area that has the 10% finder's fee in their contract because it was in a local newspaper. I'm curious if Source4Teachers has the same thing. Did you make a request to your school district under the Freedom of Information Act?
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Finder’s Fee...
Old 07-07-2018, 03:49 AM
 
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A 10% finder’s fee is fairly normal in the corporate world. In theory it is offset by the savings to the employer of not conducting a job search. It also compensates the temp agency for lost revenue. Temporary employees are often burned because they don’t read their agreement with the temp agency and discover they just might be held responsible for the fee if the employer hires them and doesn’t pay it!

Read everything.
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Old 07-07-2018, 09:17 AM
 
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My sub company requires subs to waive some of their rights under Michigan's Bullard-Plawecki Employee Right to Know Act. I asked about it when I signed up, but nobody from the company seemed to know why. I was told to contact HR, and I'm still waiting (a few years later) for an answer. I'm thinking about retiring in a couple years, and when I do, perhaps I'll give the company a hard time about that!

At least I've never been asked to sign a non-compete agreement, but perhaps that's the next "great" thing that will be coming to subbing.
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Old 07-08-2018, 05:50 AM
 
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I live in the district, I went to the district office and requested to see the contract. I was directed to write a letter to the “open records officer” requesting to review this document. Two weeks later I get a call from the PR person from the district asking when I wanted to review the contract. I went a few days later and was allowed to view the contract.


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Old 07-09-2018, 06:51 PM
 
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Quote:
SubMan's Message:

I live in the district, I went to the district office and requested to see the contract. I was directed to write a letter to the “open records officer” requesting to review this document. Two weeks later I get a call from the PR person from the district asking when I wanted to review the contract. I went a few days later and was allowed to view the contract.
Thanks, I think I'm going to do the same thing.

Quote:
MaineSub 07-07-2018 07:49 AM

A 10% finder’s fee is fairly normal in the corporate world. In theory it is offset by the savings to the employer of not conducting a job search. It also compensates the temp agency for lost revenue. Temporary employees are often burned because they don’t read their agreement with the temp agency and discover they just might be held responsible for the fee if the employer hires them and doesn’t pay it!

Read everything.
There is no comparison to a 10% finder's fee in the corporate world and what these outsourcing companies are doing. I'm very familiar with search firms after having dealt with them for years with hospitals. These outsourcing companies are not conducting a job search.

For example, I was subbing for two school districts when Source4Teachers came to town. I was simply added to their list of subs. I had no contact with them other than a letter they sent with instructions on clocking in on the laptops they place in each building. Why should Source4Teachers be entitled to a 10% finder's fee if one of the school districts would offer me a job? The fact is, the district would not want to pay the finder's fee unless I was certified in an area where they can't find a certified teacher. The fact is, they do not disclose this to new subs and many of these people think they are getting a foot in the door by subbing in these districts. This is dishonest.
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