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My daughter is a 15 year school teacher. her supervisor and…

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My daughter is a...

My daughter is a 15 year school teacher. her supervisor and union rep have taken her through what was supposed to be a program to help her. There was been evidence throughout the process that she has been improving but her supervisor has continued to maintain that there has bee, " No growth". The person that the supervisor appointed as my daughter's mentor has even stated in a letter of reference that my daughter has shown, "Tremendous growth". Yesterday my daughter's union rep told her she had less than 24 hours to decide rather to resign or to accept a letter of non renewal. My daughter was given lots of reasons to resign but really no support in allowing the supervisor to present her with the letter of now renewal. By resigning she looses her ability to present her case before a third party impartial person to review the case. She also cannot file for unemployment. Does this sound like a case an outside attorney could help us with?

Lawyer's Assistant: Was this unemployment issue discussed with a manager or HR? Or with a lawyer?

The district HR was at the meetings that took place throughout the year, as well as the union rep. This last meeting was attended by the union attorney. However there was never a discussion with her by anyone about her options regarding potential outcomes until mid day yesterday, and her union rep told her she only had hours to decide what to do. Her union rep made a strong case for her to decide to resign rather than fighting it.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will, salaried.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Will I need to retype all of this again? She may have already submitted her resignation to her union rep, but not to her supervisor. She is scheduled for a meeting this afternoon.

Submitted: 3 months ago.Category: Employment Law
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Answered in 1 minute by:
3/29/2018
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, 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.

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Customer reply replied 3 months ago
please review my questions and submit a reply either via this chat or by E-mail
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

I'm sorry to hear about your situation. If I can clarify, does your daughter have the chance to appear in front of an impartial third party if she is just not-renewed?

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Customer reply replied 3 months ago
We are not sure. According to her union rep the law changed so that appeals to a non renewal hearing are before the school board, however because of her 15 years she may be grandfathered in so that her case may be heard by an impartial 3rd party. I have as much of an issue with her union rep as I do the supervisor.
Customer reply replied 3 months ago
She is in the KCK school district, if that helps.
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

I see what you mean. So, although the decision is hers, if she wants to continue working at the school district and if she wants a chance to appeal her case, then she shouldn't resign. In addition, if she resigns, she may be ineligible for unemployment benefits as well as the state will not give unemployment to people who quit their jobs.

Accordingly, your daughter should make sure she finds out from the union rep what the rules are for someone with her tenure and her position. She should also gather all of the documentation necessary to help prove that she has shown "tremendous growth" and even develop any witnesses (along with their statements) to help support this. She should consider the reviews and progress reports that show "no growth" and be prepared to explain to a panel of educators why she was graded this way, whether it was a mistake, or whether there is some bias or misperception on the end of the evaluator.

What other questions did you have for me today that I can help you out with:-)?

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