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Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 4019
Experience:  Contracts, Wrongful termination and discrimination
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My wife after 15yrs no unsat rating as a teacher got one and

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My wife after 15yrs no unsat rating as a teacher got one and then under the stress from job/boss broke down physically and is under medical leave from Dr. HR emailed her to tell her the ext eval is coming in cert mail in a few weeks. She believes it will be another unsat as her conditon has led to documention mistakes that showed up in her eval and the boss added a ton more paperwork. Her concentration and memory is imapcted by her stress related illness. Does she have to sign / open this cert mail while she is on extended leave. It will be more stress realted work stuff and shoudl she have to deal with it or respond. I expect it will be 10 page long list of perceived mistakes (that we challange have a lot of misinforation but m wife was too incapacitied to rectifiy before her leave). Can she refuse to sign the cert mail or sign it and not open? what is she legally obligated to do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question and I'm sorry to hear about your wife's condition.

As long as she is on leave, she does not have to do anything related to work. So she does not have to accept the certified letter or open it and deal with it.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.
what does she tell the postman when he askes for her to sign? should she sign but not open it? or will the school assume since she signed it she read it. Also if she gets 2 unsat rating she will be recomended for termination. Can they fire her by mail?
Expert:  Zachary replied 1 year ago.
She should just tell the postman that she is not accepting the letter if she doesn't want it.

One is not obligated to accept a certified letter.

That being said, if she needs to respond to the letter to contest the evaluation, then it would not be wise to reject it. Her rejecting the evaluation has no affect on the evaluation's effectiveness.

An employer may terminate a an employee through the mail, this is not prohibited by the law, as it constitutes written notice of the termination of an employment contract rather than oral notice.
Customer: replied 1 year ago.
but will accepting it mean she is accepting to act on it? my concern is that this work related stuff I could read through but its going to take a whole lot of her contentration and time under medication to contest , esp since she was told to hand back all documentation for all students. The due process of tenure teachers says she is entitled to be given the charges an opportunity to respond, and a hearing. How can this fairly take place while she is on leave and under medication?
Expert:  Zachary replied 1 year ago.
If there are due process rights that she is entitled to, then rejecting the evaluation will trigger her right to claim that she was not given notice. Since she has tenure, then I agree with you that she should simply reject the letter (absolutely do not sign for it). As long as there is no proof of delivery, she can contest that she has been provided notice.
Customer: replied 1 year ago.
so what if they keep sending it and she rejects it? I know this sounds silly but can they then drive the notice over and personally "serve" her?
Expert:  Zachary replied 1 year ago.
Yes they can. If they show that she has been served personally, that will trigger her duty to respond.
Expert:  Zachary replied 1 year ago.
Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.
what happens with my wife on medical leave and her right to due process hearing? How can she be in a hearing if she is on medication and may not be fit to concetnrate or be accurate in her explainations. how is this handled?
Expert:  Zachary replied 1 year ago.
She needs to ask that the hearing be continued to a time when she is fit to attend and have a doctor's letter backing up the request for the continuance. You would then file this with the school administration. If they do not follow it and dismiss her without a opportunity to be heard when she has requested a continuance of the matter, she will have the right to sue the school for wrongful termination.
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 4019
Experience: Contracts, Wrongful termination and discrimination
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