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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

  • 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

  • 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

  • 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

  • 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

  • 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

  • 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

  • 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

  • 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