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Jane Doe Deer
Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3896
Experience:  Attorney since 1986; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
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Im union rep about to present a case as advocate. The isssue

Resolved Question:

I'm union rep about to present a case as advocate. The isssue surrounds an aircrafts landing was activated while on the ground causing the nose gear to colapse. Many employees took pictures with there cell phones and they were emailed everywhere. My member received the pictures via email and sent them to a public blog forum. The company threatened the webmaster and he divulged my member/ the emplolyees name. He received a 2nd step diciplinary letter which is just short of a this ice chance or termination. What legal grounds can I stand on?
Submitted: 5 years ago.
Category: Employment Law
Expert:  Jane Doe Deer replied 5 years ago.

Jane Doe Deer :

Thank you for contacting Just Answer. I look forward to assisting you. If you started this question in “chat” mode I may have switched you to “question and answer.” I sometimes have technical problems getting “chat” to work for me, plus it’s hard to read and write in that mode.


 


While we write back and forth, please keep in mind that I do not know what you already know or don’t know, or with what you need help, unless you tell me. Sometimes I’m unable to read your entire question until AFTER I write back to you.


 



Although it’s usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.


 


I need the following information before I can answer your question:


 


Can you please tell me what the disciplinary letter gives as the reason for the discipline? And was anyone else disciplined? Was posting to the blog the only thing that was different between this employee and employees who were not disciplined?



 


I'll look forward to hearing from you,


 


Jane Doe Deer


Customer:

This is the disciplinary letter.

Customer:

On July15, 2009 an incident occured that involved the damage of a 767 that was at AFW for Maintenance. Pictures of the damaged aircraft soon appeared on numerous web sites as well as local and national news programs all showing the same pictures. During a hearing held 11/11/2009 , to investigate the matter, you were asked if you took the pictures and you set "No" . However, when asked. you admitted to posting the pictures on the website U.S. Aviation.

Customer:

Your actions as described above are not only unacceptable and constitute poor job performance falling far short of what the Company would reasonably expect of an employee, but are also a violation of the Rules of Conduct, Rule #24 which states: Rule 24 Consider the welfare of the Company and your fellow employees . Perform no act that is detrimental to either.

Customer:

In view of the serinous of your actions, this is a 2nd step advisory under the Peak Performance through committment process. I encourage you to carefully consider the seriousness of your actions, and I urge you to correct your performance and comply with all Company Rules and Policies, since failure to do so could lead to further corrective action up to and including termination.

Customer:

That is the disciplinary letter. An interesting point is that the company did know about specific employees that took pictures and none of them were disciplined.

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