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What rights does a teacher have when an employer does not

Customer Question
mention a single complaint related...
What rights does a teacher have when an employer does not mention a single complaint related to a specific aspect of their job and then at the employees final evaluation tell the teacher, "I have had concerns pertaining to this all year and notes it on your evaluation? Then attempts to justify this by stating they mentioned this on June 16th when there are only two days left in the school year?
Submitted: 2 years ago.Category: Employment Law
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Answered in 36 minutes by:
9/1/2015
Employment Lawyer: TJ, Esq., Attorney replied 2 years ago
TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12,473
Experience: JD, MBA
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Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

I'm not certain that I fully understand the question. Are you asking if the teacher can take legal action with regard to the fact that he/she received an unfavorable evaluation without advanced warning?

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Customer reply replied 2 years ago
No, what I want to know is if there is any legal precedence I can cite in my rebuttal to prove that he is required to provide me with prior knowledge of his concerns and his broad statement is not acceptable evidence when he has not notified me and allowed me to address his concerns. I feel his statement should be removed. He never mentioning any problems, had a conversation with me or submitting anything in writing regarding his concern. He is known for targeting teachers and his statement had no bases of fact. Thank you
Employment Lawyer: TJ, Esq., Attorney replied 2 years ago

Hi again.

No, I'm sorry to say that there is no legal requirement that the employer provide you with prior knowledge of his concerns before making them known in an evaluation. The purpose of the evaluation is to provide you with knowledge of such issues. Unfortunately, the law does not require the employer to give an informal advanced warning so that the teacher can improve before the evaluation. Of course, you can make your disagreement known. Just because the employer wrote something in an evaluation does not mean that it's true. And if anything bad happens to you as a result of the evaluation, then you can certainly appeal.

In any event, I am truly sorry that my answer may be bad news for you, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer.

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