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Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16347
Experience:  13 years experience in employment law, unions, contracts, workers comp law
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Thank you my question previously, I really appreciate the

Customer Question

Thank you for answering my question previously, I really appreciate the depth of the response.
I am submitting my resignation this evening to a teaching job. On February 1, I was observed by two administrators. They used a large number of "direct quotations" of myself that were inaccurate, as well as did not properly document the lesson. We have not met for our post--observation conference, nor is it posted officially in my evaluation file (not noted in our online-based system). I am leaving in two weeks (gave proper notice). I am leaving due to misrepresentations of my character that were made during a security clearance investigation, and an insidious and covert campaign of targeting on part of the administration (hard to prove directly, but is happening). 1. Is it legal to give an employee a performance review or full observation evaluation after they have tendered their resignation? Again, I was observed on February 1, but we have not met, I have not seen any of their documentation apart from the script "of what happened" (which was flawed/inaccurate). 2. Can I refuse to meet with them for the observation evaluation since I have resigned? 3. Are there legal precedents that I can cite to protect myself? I did speak to the union reps- they didn't know what to say.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Legalease replied 1 year ago.

Hello again --

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It is perfectly legal for you to refuse to go to another evaluation if you have resigned -- the choice really is up to you. If you do not attend they can put the materials in your file without input from you. However, because you are leaving the approach that I would take is to attend the meeting and refuse to sign off on the evaluation. I would also ask a union rep to attend with you as a witness and tell them where their observations, etc. were incorrect. They cannot force you to sign anything. Unfortunately, there are no legal precedents except that if you are given a bad review to a prospective employer then you can take action against them for defamation of character. Again, most employment and union employment situations are either based on a written contract between the parties, or a union contract between the employer and the union and if you do not have the protection of either of those, you end up as an "employee at will" (meaning you can be terminated for any reason or no reason at all).

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MARY