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Situation: Classified (CSEA) Employee is in her six month…

Situation: Classified (CSEA) Employee...

Situation: Classified (CSEA) Employee is in her six month probationary status in a new position. She is evaluated by her supervisor and given some unsatisfactory marks- only one of which is even in her job description.The one issue that is relevant is an issue of attendance. She has missed 7 days in 4 months.time. She is a Type I Diabetic. In the employee's rebuttal she expressed concern over the issues that were raised. She explained why each of the items were not applicable to her and then she agreed that the seven days - although they did not exceed her allotted number for the year, may be excessive. She then invited her supervisor to work on an accommodation plan which would allow her to be successful in her position and manage her diabetes as well.

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

Four days later she was terminated from her position with no explanation given.

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

California - She was a 6.5 hour employee in a position that would become permanent after her six month probabtion was completed.

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

The ultimate boss - the district superintendent is also the boss of her husband -myself- and he has been unhappy with her husband over another employment issue that the supt did which was also questionable.- this may be retaliation for this other matter- in a circular fashion.

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Answered in 19 minutes by:
2/15/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,706
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, this is a tough case because she was probationary and has no appeal rights.

However, had she asked for reasonable accommodations for her disability and they denied her, then she could have had a claim for violation of her rights under the Americans with Disabilities Act, since her diabetes would qualify her, BUT she had to file a request for accommodation before they complained about her attendance, not after.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,706
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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