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: 8 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 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 11,327
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 8 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?
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 11,327
11,327 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:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 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

3,991 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.

< Previous | Next >

Related Employment Law Questions
I am on FMLA and being disciplined by my employer for not
I am on FMLA and being disciplined by my employer for not reporting my time correctly and according to policy. I get that part, but included in that discipline they discuss my missing work creating st… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
My case is a employment law case. I was terminated on
i was terminated on 8/2/2017 and asking the court for my job back,. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,574 satisfied customers
I was on a Leave of absence last year for 3 months FMLA.
Hello, I was on a Leave of absence last year for 3 months FMLA. I've been employed with my company for 13 years. Since returning I've worked 1232 hours in the last 12 months. Prior to going out on Med… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I applied for FMLA for my son who was diagnosed with
Hello, I applied for FMLA for my son who was diagnosed with Kawasaki Disease and was hospitalized for a week last December, my FMLA was approved, I then found out that my Manager had forwarded my FMLA… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question about an employer showing discrimination
I have a question about an employer showing discrimination to education and age. I have worked for this employer for 11.5 years. He has give people with less experience, more pay and starts them with … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I wanted to consult with an employment law lawyer to ask
Hi I wanted to consult with an employment law lawyer to ask questions regarding a severance pay package I received yesterday upon termination … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Can you take fmla for a death in the family if the
can you take fmla for a death in the family if the individual who died raised me or was a father figure?… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was fired in breach of contract, they can fire me without
I was fired in breach of contract, they can fire me without reason but they have to give 7 days notice. There was also workplace harrassment, bullying, retaliation, sexual harrassment, theft and unpai… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
726 satisfied customers
I was being discriminated at my workplace. Not receiving
I was being discriminated at my workplace. Not receiving yearly review while others had yearly reviews and pay increases. My position as manager was being suppressed by upper management and I had no v… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I have a question about FMLA benefits in a severance
Good evening! I have a question about FMLA benefits in a severance package. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Are you familiar with NY 2018 FMLA as it pertains to a child
Are you familiar with NY 2018 FMLA as it pertains to a child with pysco-social issues that include risk of physical self-injury & suicide? My child is 16 (recently), has IEP that has 1 psycho-social-e… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
130 satisfied customers
Have a question related to employment law. All of the
Have a question related to employment law JA: Was this discussed with a manager or HR? Or with a lawyer? Customer: All of the above... JA: Is the workplace "at will" or union? Is the job hourly or sal… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
How do I file a discrimination complaint against an
How do I file a discrimination complaint against an employer? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Just wondering about employment law. Both. At will hourly.
it's about annual review being negative and me not getting a raise as a result, and not being able to transfer from a hostile environement… read more
Ray
Ray
Lawyer
Doctoral Degree
32,605 satisfied customers
I am currently in the process of a discrimination and
Hello - I am currently in the process of a discrimination and retaliation complaint against my employer. At this stage, the complaint is being handled through the Michigan Department of Civil Rights. … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
130 satisfied customers
I currently have intermittent fmla. I was denied my fmla to
I currently have intermittent fmla. I was denied my fmla to be consecutive said i didn't give them the paperwork they needed however I was never contacted about anything concerning my request. Can the… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
Employment law Constructive dismissal as retaliation for
Employment law Constructive dismissal as retaliation for sexual harassment and FMLA limitations… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,228 satisfied customers
Apart from breach of contract, when an employer a 1099
Apart from breach of contract, when an employer a 1099 independent contractor and provides information regarding policies and procedures (given months after a contract was signed) which must be follow… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 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