Expert: A. Hall - 9/3/2008

Question
I was denied tenure by the university where I was teaching. The unofficial
story was that I neglected to publish anything. I taught there for 8 years. I
filed a grievance that went on for an entire year. I signed off on that in
spring, 2008.

About 3 years before this, I had notified my dept. head and dean that I was
being treated for "borderline bipolar" disorder. I believe that the major reason
for letting me go was because of this illness. Coincidence or not, I find myself
mulling this over all the time.

I taught 4 years as fixed term professor and was then hired in a "tenure track
probationary" program.  I handed in a tenure request with examples that was
big enough to put in a small file case with handle. Why, if I was there for 6
years and got glowing reviews, did this department suddenly turn on me?
And why did the state organization (MnSCU) give me a "severance" check?
They hardly EVER give terminated employees a check. There is something not
right about this entire fiasco.

I know my condition falls under the national disability act. I just want to find
out if my bipolar condition was the underlying reason that I was let go and
what I can do about it.

Thank you.

Answer
Employers often worry about illnesses of their employees. This can lead employers to find an excuse to remove the employee from employment. As you know, this is not always legal. In other words, you have asked a great question.

Both state and federal governments give rights to employees. So you may have protection in your state that is not available under federal laws, and vice versa.

The best suggestion I can give you is to talk with a licensed attorney who routinely represents employees in your state.  An attorney can consider the details of your situation, apply the state and federal laws, and give you an estimate of the legal fees that might be involved. Employment rights attorneys should give you this estimate for free, so don't hesitate to visit with one.

The issue would ultimately be whether you were dismissed for a wrong reason, despite the reason the employer gave. To prove this, emails and correspondence within the school may provide useful evidence. Your attorney could require them to give you a copy of any such evidence that currently exists, even if it exists on college backup tapes. Ultimately, it will be for a court to decide if the evidence shows you were fired for an illegal reason.