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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

  • You need a lawyer to look at it all (dates, documentation, etc) but sounds like it would be worth it for you to check into it. However, if it's a performance issue, all they had to do was hold your job for 6 weeks, let you come back, and then fire you afterwards for performance issues if that's their reasoning.

    Answer by NotPanicking at 6:26 PM on Nov. 19, 2012

  • I would talk with a lawyer that handles employment issues. FMLA protects your job, but if your FMLA time ran out (I believe it's 12 weeks?), then your job would no longer be protected. Also, if there was information already in your file indicating you were to be let go for job performance, I'm not sure how that would affect it all.

    If you can't hire a lawyer, try to Labor Board in your state. They'll be familiar with FMLA as well, and they'll also be able to ask you the right questions to get all the information needed to determine if what they did was legal. Good luck!

    Answer by wendythewriter at 6:29 PM on Nov. 19, 2012

  • @NotPanicking
    When my 6 weeks was up, school was over. i consulted a lawyer already but he said it was a difficult case and he'd rather not be involved.

    Comment by JOSHUAJ_MOM (original poster) at 6:30 PM on Nov. 19, 2012

  • @wendythewriter

    Comment by JOSHUAJ_MOM (original poster) at 6:31 PM on Nov. 19, 2012

  • A lawyer not wanting to get involved? Were you pro bono? Every lawyer has a price.... LOL!

    Answer by m-avi at 6:33 PM on Nov. 19, 2012

  • @m-avi

    Whats pro bono? I know every lawyer has a price, lol...but thats what he said to me TODAY..

    Comment by JOSHUAJ_MOM (original poster) at 6:34 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

  • 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

  • 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