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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 20658
Experience:  20 years of experience practicing law.
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My wife a teacher asked for her entire personnel file. In there

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My wife a teacher asked for her entire personnel file. In there is a memorandum from her supervisor full of false info but a basis for her sup to give my wife an Unsat rating in a few weeks. My wife has not seen or read or signed so what is her rights to have it removed?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Samuel II replied 11 months ago.
Hello

I am an attorney with more than 25 years of experience and look forward to providing this information for you

I am sorry to hear of this matter for your wife.

There is no law that gives her rights in this regard. HOWEVER, the school should have a policy on how to proceed and they need to allow that procedure to take place should your wife choose to follow through.

I suggest, if she is in a union she will want to contact her union rep and get direction on how to get the policy. If there is no union, then she needs to speak with her supervisor to get the policy for the procedure to appeal this.

Customer: replied 11 months ago.
My wife, tenured teacher is on medical leave for a stress/heart condition that started in Nov '12. She during that time had a Unsat review in Feb and looks to be getting a Usat in June. Two Unsats lead to a termination hearing. Its clear her condition affected her performance durng the past 6 months but HR emailed her to say her eval would be cert mailled to her in June. Is the reason they send this cert mail becuase they plan to tell her she's been fired? why else would they tell her that? and can they proceed while she is on leave unable to defend herself from the accusations?
Expert:  Samuel II replied 11 months ago.
Hello

Is she on FMLA? If she is then they should not be proceeding with a termination and should hold her position or one just like it at that salary

I suggest she may want to consult with a local union rep for an attorney via the union. That is what she pays dues for.
Customer: replied 11 months ago.
why the cert mail of her eval esp when she can't refute it?
Expert:  Samuel II replied 11 months ago.
Hello

How do you know she cannot refute it?

I thought that was the question you asked and she may be able to refute it.

In my practice I send everything certified to show that it has been received when it is important and cannot be disputed that it was received.

The policy may allow her to dispute it

Is she a Union member?
Customer: replied 11 months ago.
my question is is them sending the eval (proably unsat) via cert mail indication that they are procedding with the termination via mail?
Expert:  Samuel II replied 11 months ago.
Hi

I don't have their policy for termination and so if that is their policy, then yes it could be. I cannot read minds to say why they did that - but it is possible. And it could be they will proceed with the policy procedures of termination.

Which by the way, I re read and see that you were asking if she can be terminated for something other than being on FMLA while on FMLA and so that answer is Yes, she can be - but she also can argue that it is only because she is on FMLA

I cannot tell you why they mailed certified with a certainty but it appears that may be the policy for continuing with a termination.
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 20658
Experience: 20 years of experience practicing law.
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