Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I work for a school district, and we have an evaluation

Customer Question
I work for a...

I work for a school district, and we have an evaluation system called TEI. TEI uses several components to evaluate it's teachers. One of them is a performance evaluation by the principal, the other is an effectiveness level they base on attendance. They say that this apart of pay not evaluation but it prohibits me to receive the rating my performance earned, by doing this they also negate the 3, 000 dollar raise that comes with the rating.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I did not meet the days because I was on FMLA

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Texas

Submitted: 11 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 9 minutes by:
9/22/2017
Employment Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,293
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Ask Your Own Employment Law Question
Employment Lawyer: Legal Eagle, Lawyer replied 11 months ago

Thank you for your patience. I’m sorry to hear about your situation. Generally, 42 USC 2000e-2 prohibits employers from taking negative employment action against an individual on the basis of their disability. FMLA is a job protection measure that allows people to take up to 12 weeks off of job protected leave to care for a loved one’s or their own disability. In your case, if there is a performance rating system that kept you from getting your raise because you were out caring for your disability or the disability of a loved one, then it is possible that they may be violating 42 USC 2000e-2. To help resolve your issue, you may want to consider speaking with your superintendent or principal about waiving that time you were out on FMLA to help you get the raise. Otherwise, you may be able to file a claim with your local Equal Employment Opportunity Commission and file a complaint. You may also sue for breach of contract and for discrimination as well, should you be so inclined.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,293
14,293 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
How can my request to be released from my contract be
How can my request to be released from my contract be granted? I signed a contract with anew district in June 19th, 2017. Then my husband got a job offer out the state. I asked for Board Approval . … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I was employed on a one year teacher contract 2013-14) at
I was employed on a one year teacher contract 2013-14) at Redmond High Scool, Lake WA School District. My contract was not renewed, though I was rated proficient in their evaluation system. The proble… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,555 satisfied customers
I teach at a public charter school in Florida. Our school
I teach at a public charter school in Florida. Our school has chosen the merit pay teacher evaluation system. This has been going on, I believe, for about two to four years now. The four categories yo… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can I break my contract with Madison School District in Phoenix
Can I break my contract with Madison School District in Phoenix Arizona if I have documentation to show they have moved me around, not provided appropriate training, evaluated me on areas where I did … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Due to a medical condition, the use of FMLA is required.
Due to a medical condition, the use of FMLA is required. The employer counts time used under FMLA towards an employee's attendance score. The attendance score is used for performance evaluations and a… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I work as a school librarian in the state of Texas. My new
I work as a school librarian in the state of Texas. My new principal has been treating me and the library program very unfairly. This year she has assigned me extra duties that require the closure of … read more
socrateaser
socrateaser
1,031 satisfied customers
In downstate Illinois, we have two school district considering
In downstate Illinois, we have two school district considering a consolidation and reduction in force for teaching staff. The problem is that both districts use different evaluation systems for teachi… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
Can a school principal legally threaten to fire a teacher and
Can a school principal legally threaten to fire a teacher and that she will lose her PERA retirement if she does not resign? The teacher is tenured and was out of medical leave and slowly returned to … read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
My employer gave me an unfair employee evaluation because I
My employer gave me an unfair employee evaluation because I spoke up about a fellow employee who was being harassed in the workplace. I work in a public elementary school in Maine and was witness on m… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
I was hired 6 years ago in a Texas school district as a bilingual
I was hired 6 years ago in a Texas school district as a bilingual teacher, after 4 years teaching Bilingual class rooms (2 years Kinder and 2 years 4th grade) they offered me a special education bilin… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am an non-tenured teacher at a public school. I have been
I am an non-tenured teacher at a public school. I have been on doctor authorized medical leave for a few weeks after a confrontation with the school principal over my performance. After counseling, I … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Hello. I am happy to find this service, as I have a few questions.
Hello. I am happy to find this service, as I have a few questions. I am an assistant principal in Denver Colorado, have been working in the district for 3 years, with no identified problems before thi… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I was a teacher in Aiken, SC and the district decided to not
I was a teacher in Aiken, SC and the district decided to not renew my contract for the school year 2010-2011. The reason cited was that I did not fulfill my professional duties but I have documents (e… read more
Ray
Ray
Lawyer
Doctoral Degree
33,797 satisfied customers
I was a teacher for a private school until recently. About
I was a teacher for a private school until recently. About a week ago our principal had a meeting with all the teachers in the room. She announced that the school was in debt $300,00.00. She asked the… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
This is a complicated, basically I was treated inequally by
This is a complicated, basically I was treated inequally by the administrators at my former district. There were changes in my schedule that created a cut in the program & very cramped for me having t… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I am a vice principal and got a notice that the board lost
I am a vice principal and got a notice that the board lost confidence in me. This is my third year. My last two evaluation were very good. I have no written referrals or reprimands on file. My attenda… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I am Certified Teacher in the State of Texas. This was my fifth
I am Certified Teacher in the State of Texas. This was my fifth year working in a school district. My Principal put me in a growth plan, had meetings with me on a weekly basis an emailed on a daily ba… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Do I have the right to copies of all my evaluations, ...
Do I have the right to copies of all my evaluations, including so-called "temporary" ones? I am a teacher in a public system. Also, human resources is calling a three day leave the foundation of my us… read more
TruthFinder
TruthFinder
Educational Consultant
Vocational, Technical or Trade Scho
1,124 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x