I was written up for various things but one main item on the list was not following procedure. My main concern was these items were not in the procedure manual until 3 days before the write up. So, how did I not follow procedure when it had not been written until after I was accused? I'd also like to mention, there was a job opening, above my level in the same department and my two co-works have received promotions but I haven't. Do I have a case?
State/Country relating to question: Virginia
I wrote a retort to add to the write up but it did no good. The write up was still referred to in my review 6-7 mos. later.
Hello,Thank you for the information, however, I don't understand what your question is. A case for what? Are you in a union or otherwise work under a contract? Why do you think that your employer didn't choose to select you for Promotion?Thanks
It's not necessarily the promotion that's the issue. For me,it's the fact that I was written up, from my view, without cause. However, I do believe the write up, I believe hindered me from receiving the promotion or near future promotions. I am not in a union as far as contract, I don't believe that to be the case either.
Hello again,Thank you for the information, it was helpful. Unfortunately the situation is that unless your boss violated a company policy in the way in which they issued your write up, there really isn't a legal issue here. I understand that you have said that the policy you were written up for was only written a few days before you were written up. However, as unfair as that may seem, it isn't really a legal issue as much as it is a management issue. In other words, there is no law in Virginia that employers must give their employees any write ups at all before taking adverse employment actions, including Termination. So, if an employer does give employees more rights in the form of write ups, then the employer gets to set the rules for how they are done. If you don't believe your boss followed company rules, then you need to speak to HR or whoever you can appeal to in these cases. Otherwise, unless you are alleging that you are being targeted because you are a member of a protected class under employment discrimination laws, there really isn't legal recourse.I realize that this is necessarily fair, but that is the law. Please let me know if you need any clarification about what I have said. You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me. Kindly rate me based solely on my assistance to you in understanding the law, and not based on whether my answer is what you were hoping to hear or for Site issues, which I have no control over. I, unfortunately, have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law. Please reply to me and let me know if you are having difficulty with the rating system or even seeing it. Thank you.
I don't like using the words discrimination due to it makes me sound like a pitiful victim. I will say the person hired and the two that received a promotion are not of my same ethnicity. For me it's more of an "unfair" situation. I am looking for fairness. If this write-up stands then my employer can say I didn't follow policy and procedures anytime and write me up or even terminate me when for policies not in place. This is why I really would like to know my rights in this case of a wrongful write up...in my opinion that could possibly hinder any promotions. So I have no rights in this case? If so What are my rights? Thank you.
I understand your sentiment. However, if you believe decisions are being made because of ethnicity, then you need to file a formal complaint with your HR department. If they cannot resolve the issue, then you can file a discrimination complaint with the EEOC. "At Will" employment is not very favorable to the employee, so no, unless the employer violates their own policies and then terminates you, there wouldn't be any legal recourse. If they do violate their own policies and you are terminated, then you can file Wrongful Termination case based on breach of implied contract.
I've been told our HR is not on the side of the non-management employees. Could it be held against me if I don't make a case with HR first? Held against me as in, frowned upon in the court of law?
Yes, under the law, you must exhaust your administrative remedies with the employer before you can file a discrimination complaint with the EEOC,which you must do before you can file suit. Each step is a necessary step. That means that your employer via HR or your EO office must be given an opportunity to resolve the issue. When they don't, you can go to the next step with the EEOC.
Thank you. I pray this all work out. Is there a stature of limitation on this? The write up was Sept. 2011.
You're welcome. There is a time deadline and that is 300 days from the date of the last discriminatory act that the complaint must be filed with the EEOC.
Licensed Attorney with 27 yrs. exp in Employment Law
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