Question
 

Is it legal to give someone a marginal evaluation at work and mention their "illness" 6 times? I have not missed any work, turned in all grades and work on time, papers graded on time, always outside my door, stand even if it kills me and teach, and sit only about 5 mins per 45 minute class period. This seems unfair. They want to get rid of me, but I feel this was mishandled in many ways. Not to mention, there were two blatant lies on the form. I'm so mad I could spit. Instead of appreciating my hard work, I'm chastised.

Sounds like you are a teacher? Are you part of a union? If so, I would be contacting a union rep. and discussing this. I'm thinking, though I could be wrong, their discussing your medical issues in public crosses some legal boundry somewhere... there's always the ACLU? It can't hurt to ask questions.

:confused:
Abbie

If you aren't union, get an attorney who specializes in work discrimination. You are being harassed at work because of your illness. An attorney can protect you BEFORE they'd take any work actions against you. If you are fired or asked to leave, there is much less an attorney can do for you.

No...they shouldn't do that. Did you get a copy of the evaluation? If not...I would ask for one.

Contacting your union rep would be a good idea if you have one.

Next...if it were me...I would read up on disability discrimination, the ADA, and possibly (if you feel it warrants it) contact the EEOC. If they are making you feel uncomfortable or trying to get rid of you because of your disability...THAT is ILLEGAL.

I know you are mad (I've been there and had to file a charge of disability discrimination against my employer)...but it's very important that you stay professional and calm when you are at work. If you have any additional documentation to support disability discrimination or harassment I would gather that together. Maybe you have emails, previous evaluations prior to the RSD, etc.

Even if you decide not to do anything at this point, arm yourself with knowledge about the law and the proper way to handle these situations. I know in my case I told my employer why I felt what they were doing was wrong and they went ahead and did it anyway. You need to make sure you express your thoughts to your employer...but you have to do it in a calm, professional way. This is really important...don't let them push your buttons and get a rise out of you and give them legit grounds to terminate you.

All that said...I don't know what was in the evaluation or if it would actually be considered discrimination or harassment. But if you feel they are trying to get rid of you...you are probably right. It's always important to take a hard look in the mirror and try to see if there is any truth to what they are saying or if there is something you could do better. Having been a victim of this sort of situation and fought my way out of it, I hope you don't take my saying that the wrong way...it's just good to try and take a step back and really look at the situation from all sides before taking things as far as the situation I just described.

You also need to factor in what you feel would be a good resolution to the situation. If the person performing the evaluation were to change their behavior...would that be enough? This is why it's important to report the situation to the appropriate person/supervisor. If you can document that report in any way (via email or by taking notes at an in person meeting) then so much the better. You need to give your employer the opportunity to correct the situation and make things better. Maybe "they" aren't trying to get rid of you...maybe it's one bad apple or one person who doesn't realize what they are doing or how they are coming across. Give them a chance to fix things and if things don't improve...THEN you can take the next steps. But educate yourself now so you know what to expect and how to proceed. And if you have a union rep who you can discuss these things with then that would be a good idea.

Fingers crossed that you can get this resolved easily and quickly. You don't need the stress of this sort of situation.

I agree that if you are part of a union, that would be the first place to ask. If not, I also think that contacting an employment law attorney would not be a bad idea. Many attorneys will offer a free or low-cost initial first consultation (call and ask what they would charge before making the appt) and this might be able to help you answer your basic question of whether or not it is legal to do that, and also get a relationship started with someone in case you end up taking action somewhere down the road. You could do this with a number of attorneys to find the one you are most comfortable with and also to get a variety of opinions.

Lori