disciplinary statutes

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wkinprogress

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My first time to post. I have been trying to find out if there is a state law regarding disciplinary policy for "at will" employees. I believe I understand that companys have their own policies, but wondered if there is a standard they are mandated to meet within their their own policies? I read something about a 2 and 3 step process. I have not been terminated but believe I have been set up for that in the way the discipline is being managed. Trying to determine if I need a representative at the next meeting. ( I have filed a formal grievance against my direct superior) Thank You for any insight.
 
There are no laws in any state that mandate how an employer's disciplinary process must read. Many companies use a two- or three-step process but they are not mandated by law.
 
disciplinary policy

Thank You for that cbg. If a senior adninistrator is not following its own corporate policy on problem resolution, what recourse do I have if filing a grievance is also poorly managed? I believe this company has a much greater interest in protecting a cheif officer than a mid- level manager. I dont trust the process. Can this be considered breech of contract? I feel severly harrassed but understand that that a harrassment charge must include elements of discrimination based on age,sex,gender,ethnicity,religion etc.none of these apply to my case. Should I have a representative at the next meeting or do I just wait and see if they terminate me. Dont I have some legal protection before it gets to that point. I do not want to get fired or litigate. Im just wanting a fair inquiry of the issues by someone other than my boss. What is the smart thing to do?
 
Are you a member of a union? It makes a difference to the answer (well, to some of the answer).
 
Since you are not a union member, you are not entitled by law to have a representative or a witness with you. Unless you have a bona fide, binding contract that specifically guarantees that the disciplinary process will ALWAYS be followed step by step, to the letter, no matter what, there is no breech in contract since there is no contract to breech.

That's all I can tell you with the information available. If you want to share what you are being disciplined for (you don't have to if you don't want to, or you can PM me) I might be able to tell you more.
 
shocked!

Hello cbg,
I appreciate your replys. I have filed a grievance against my boss for harrassment and false reports of my job performance.Her main complaints about me are vague and include statements such as " not visible enough" " poor communication with managers" However, when I insisted on specific incidences that support those statements, her frustration increased and her behavior toward me became highly unprofessional. I asked that a third party be present for all of our discussions. This all happened in the first 2 weeks of sept. My last performance evaluation was July30th. She gave me an above average evaluation at that time. All of my past evals have been the same. Human resources did an internal investigation to follow up my grievance.( I filed that with them in writing on Sept. 28.) I chose to stop work on Oct. 15th due to my bosses hostile posture towards me. I told them that I didnt feel safe working under her authority until I was sure she was accountable to someone for her actions. It seems that she can say or write anything about me and it goes in my file. I felt like I was being set up to fail. I am not the paranoid type. I took PTO time for 5 weeks waiting for them to address my concerns. Fast Forward Yesterday I was called into the office and given a seperation agreement with no explanation as to why that want to terminate me. They offered severance pay and health benefits through the end of the year for "in consideration of service and the promise to waive all claims and rights you may have against your employer" The agreement also states that my file would reflect that I resigned from this position. Im confused. I dont want to resign and I want to know if my boss is being held accountable.Help!
 
What most people consider harassment isn't necessarily illegal. Can you give me some examples? Again, feel free to use PM if you're not comfortable with posting them publically.
 
Harrassment

Her form of harrassment came so suddenly and unexpectedly. After I asked her to back up her complaints with factual incidences, so i could respond and correct it ,she began writing whatever her interpretation of an event was, without regard for my account of the issues. Complete lack of professional approach r=to problem solving. It was clear to me that my opinion did not matter to her in the least.One written list of complaints included 16 false allegations and 2 partial truths that were of minimal importance and would not be cause for disciplinary action. Those went into my file . No Contest. now Im on my last warning. The warnings change so that when I attemp to correct one item another one develops. it gets added to the last counseling with no mention of my corrective actions from previous complaints. Its so completely inappropriate . She has started looking for me at work and asks me point blank questions just to see if she can get me to say something wrong. She included in my fle that i have worked several partial shifts in the last 3 months. Stating I do not meet my committed shifts. She forgot I guess that that 3 month period I was covering holes in the shift for 2 employees that were out on emergency personal leave at the same time. My contracted hours are 24 per week. I averaged 35 during that 3 month period! Not only that, She had just commented in my annual evaluation on July 30th that she appreciated my flexibility to cover during that time! She is putting partial truths in my file that mislead understanding of the total picture. She does not want resolution she just wants me out i think I just remind her of how incompetant she really is.My complaints of her are backed up with facts, dates times quotes witnessed. ETC ETC blah blah. In the end i get asked to leave and feel as if Im being bought off to just go away. How do I proceed?
3 and half years of above average evaluations and then 6 weeks of complaints to the point of termination. Doesnt that say something? Bizarre
 
wkinprogress said:
My first time to post. I have been trying to find out if there is a state law regarding disciplinary policy for "at will" employees. I believe I understand that companys have their own policies, but wondered if there is a standard they are mandated to meet within their their own policies? I read something about a 2 and 3 step process. I have not been terminated but believe I have been set up for that in the way the discipline is being managed. Trying to determine if I need a representative at the next meeting. ( I have filed a formal grievance against my direct superior) Thank You for any insight.
Click to expand...
Depending on the State company policies set forth in a hand book or policy may well be enforceable before termination. Check with a lawyer in your state. This is an expanding field of employment law. However as CBG pointed out it is note in statue,(at least to my knowledge) in any state.
 
i also need to know if I should sign an agreement to seperate from a job that I like, if I should press for more compensation or if i have a legal basis to litigate. All I wanted was a fair assessment of my work performance and for my boss to be accountable for her actions toward me. Can i collect unemployment insurance benefits while I am looking for a new job?
 
You better talk to a Lawyer.
 
Nothing in your post suggests illegal harassment. It's only illegal when it's based in your race, religion, national origin or other characteristic protected by law.

Without seeing the documents you are being asked to sign we can't say if you should or should not sign. I agree with GreenHornet that you need to talk to a lawyer in your state.
 
unlawful termination

One more question. If the result of my filing a grievance is my own termination, couldnt that be percieved as retaliation? Its just hard to believe that I follow proper procedure for problem resolution, in good faith and I get " we no longer believe that your a good fit for this company". I understand that AT Will employment is more difficult in terms of wrongful termination. However this is a very large corporation with a very large legal support team so I realize that I am a small thorn. Its just so wrong. Anyway I will be speaking to a lawyer as soon as the holidays are over but appreciate knowledgeable insight. Thank You again and have a day of gratefulness.
Still in shock, trying not to whine.
 
The problem is that not all retaliation is illegal, either. Terming you because you grieved a supervisors legal behavior, is not illegal retaliation in almost all situations. The few exceptions I can think of do not apply here.
 
Thanks. I remember, during a management meeting a few years ago, the CEO saying "We all need to appreciate the fact that we work for a faith based organization" I remember thinking why? Now I know. Reality is stanger than fiction.
 
ongoing wrongful termination etc

Ok I did speak with several lawyers about the Seperation agreement i was offered after I had filed a grievance against a senior executive officer for harrassment. They all think I dont have a legal case for harrassment or retaliation but they believe i was treated unfairly. One lawyer who was sure i did not really have a solid case felt that since they offered me some money and help transitioning to another job and extension of my benefits, that I should ask for wages lost since the grievance investigation began (that took 5 weeks) Missed breaks for 3 years, loss of the mature value of my 401(april i become fully vested), and since this company owns alot of companies in the small area where I live (I will have to travel to get equitable pay) Possible relocation compensation. He feels that the missed breaks and the fact that i worked 12 hour shifts in an administrative position on an hourly basis they could owe me time and 1 half for every hour after 8 hours. Now this sort of feels like Im retaliating. But what they did to me was wrong I do feel that they owe me something for what i lost. At the very least they should have to take the false reports, my supervisor put in my file uncontested, out of my file, and more money for all the trouble I went through to try to solve a problem in good faith using their policy. Sorry for the run on sentences. Any thoughts? Also what is " alternative work week election" ? I live in California. Thanks
 
This is from North Dakota, as I'm working on two cases there, but this may be in your states statutes as well:

34-03-01. Termination of employment at will - Notice required. An employment
having no specified term may be terminated at the will of either party on notice to the other,
except when otherwise provided by this title.
34-03-02. How employment terminated. Every employment is terminated by:
1. The expiration of its appointed term;
2. The extinction of its subject;
3. The death of the employee; or
4. The employee's legal incapacity to act.
34-03-03. Termination of employment not coupled with an interest. Every
employment in which the power of the employee is not coupled with an interest in its subject is
terminated by notice to the employee of:
1. The death of the employer; or
2. The employer's legal incapacity to contract.
34-03-04. Continuance of employment required after death or incapacity of
employer - Exceptions. Unless the term of an employee's service has expired or unless the
employee has a right to discontinue the employee's service at any time without notice, an
employee shall continue the employee's service after the employee has notice of the death or
incapacity of the employee's employer to such extent as is necessary to protect the interests of
the employer's successor in interest from serious injury and until a reasonable time after notice of
the facts has been communicated to the successor. The successor shall compensate the
employee for such service according to the terms of the contract of employment.
34-03-05. Termination by employer for breach or neglect of duty or incapacity to
perform. Every employment may be terminated at any time by the employer in case of any
willful breach of duty by the employee in the course of the employee's employment, in case of
the employee's habitual neglect of duty, or in case of the employee's continued incapacity to
perform the employee's duty.
34-03-06. Employee may terminate employment because of breach of obligations
by employer. Every employment may be terminated by the employee at any time in case of any
willful or permanent breach of the obligations of the employee's employer to the person as an
employee.
34-03-07. Compensation of employee after discharge for cause. Repealed by
S.L. 1961, ch. 233, § 2.
34-03-08. Employee quitting for cause - Compensation. Repealed by S.L. 1961, ch.
233, § 2.
34-03-09. Compensation of employees upon termination of employment. An
employee who quits the service of the person's employer for good cause and an employee who
is dismissed by the person's employer for good cause are entitled to such proportion of the
compensation which would have become due upon full performance of the contract of
employment as the services already rendered by such employee bear to the services the
employee was obligated to render had the contract of employment been fully performed.
 
Ok.I spoke with several lawyers in California about this case. One of them (asked alot more questions and listened alot. He even called me back after a free phone consultation to give me some informaion on something he decided to research after our discussion) feels that i may have "defamation of character' case . ( there are several false claims in my personell file) but warned me it would be tough to litigate. He feels ,the fact that they offered me an option to resign and a severence package, that we should ask for the 120 missed hours of work, that it took to investigate the grievance I filed, and also 3 and 1half years of missed break pay. He feels that the law would strongly support those 2 things and that if we wanted to alledge defamation of Character there are several losses due to that which would bring further compensation. How likely is it that a very large coorporation like this would compenste me if I dont use the lawyer to negotiate this? He is willing to represent me on a contingency basis. My second question is: Will I be able to collect back pay from unemployment insurance? I have not had a paycheck since Oct. 19 and I still dont have another job lined up. If not, I may have to take the severence offer and give up my right to make any claims against the company.
 
Your first question is one that we cannot judge. We have no way of guessing what a company will and will not do.

Your second question is a one that only the UI office can answer.
 
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