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2 Bumps

Can they do that??

I have been employed with a school district from 2010-2012. In December 2011, I was "informally" evaluated. I did not make the required goal of 70. In May 2012, I was "informally" evaluated again, again I did not meet the required goal. During this time I was pregnant, and I gave the district a note my doctor wrote stating that I was a High Risk patient and I wasn't suppose to be standing for no more than 30 mins at a time. In April 2012, I was 8 months pregnant, I was passed out behind the wheel in my car, I totaled it. The same day, I delivered my daughter. While I was in the hospital, I used the remainder of my sick time. I put in all the necessary paperwork and got it approved and began using my FMLA time. Now, in May 2012, a letter was written to let me know I wasn't being employed by them based on job performance. The prior principal who recommended for me not to be re-hired did not return to the district. My questions are as follows * Based on the information I wrote here, can the district fire me even though I had all necessary paperwork in and the note my doctor wrote?


Asked by JOSHUAJ_MOM at 6:20 PM on Nov. 19, 2012 in Money & Work

Level 4 (49 Credits)
This question is closed.
Answers (16)
  • Call the school HR dept or call the State Department EEOC and file a wrongful termination claim. File for unemployment then wait and see.

    Answer by booklover545 at 6:43 PM on Nov. 25, 2012

  • Thanx everyone for your input!!

    Comment by JOSHUAJ_MOM (original poster) at 2:25 PM on Nov. 21, 2012

  • I believe if you did not meet their minimum requirements twice in a row and you do not have a history prior to that of meeting expectations they can have grounds to not renew your contract. I do not believe you have tenure yet and so you are still basically probationary.

    Answer by Dardenella at 9:39 PM on Nov. 19, 2012

  • FMLA only means that they have to 'save your spot' while you are gone so it would be illegal to fire you while you were on leave. But.. the very day you come off FMLA you can be terminated. I'm not sure what state you live in but most people are 'employees at will' meaning they can fire you for any reason. So let's pretend you got fired.. you know in your heart it's because you constantly head butted with the director of the school, but they can dig into your file and legally say you were terminated because you were late 2 times the whole year.

    Answer by MsViv at 8:44 PM on Nov. 19, 2012

  • Some lawyer will do an intake and decide if it's a case they want to try. They prefer to take cases they can win, obviously. Maybe he didn't want to put in the time or didn't think it was strong enough. You can try another lawyer.

    Answer by jeanclaudia at 8:23 PM on Nov. 19, 2012

  • You can google your state's name and the words"bar association". Search the association's site for pro bono (free) help. Sometimes it is easy to find on the site and sometimes it takes a little searching. GL

    Answer by silverthreads at 7:59 PM on Nov. 19, 2012

  • Yes, it is legal. You are only on contract for 1 school year at a time until you have tenure. You did not pass the evaluations. Your firing had nothing to do with your pregnancy/maternity leave, but rather your inability to perform the job.


    Answer by JeremysMom at 7:54 PM on Nov. 19, 2012

  • No union to back you up? That sucks. Get another lawyer who isn't afraid of a challenge. GL

    Answer by mrsmom110 at 7:50 PM on Nov. 19, 2012

  • pro bono is a case they have taken on voluntarily... usually at no cost because they believe there is a case.

    We, too, have an open door policy when it comes to employment.

    Answer by m-avi at 7:08 PM on Nov. 19, 2012

  • Depends on what state you live in. Here in Oklahoma you can be fired for not reason at all.

    Answer by louise2 at 6:55 PM on Nov. 19, 2012