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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I was written up for insubordination today for a discussion

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I was written up for insubordination today for a discussion I had with a peer on July 11th. This peer was promoted to my interim superior on July 16th, after the conversation where I did express dissatisfaction with a policy. The 'write-up' came today on July 18th. Is this legal for me to have a write up based on a conversation with a peer at the time? Also to note, this person who is now my superior admitted that he didn't think the conversation was inappropriate bu the out going Director and HR representative pushed him to do this write up. So, the complaint apparently comes from two individuals who were never part of the original conversation. Sorry, this is the second transimission of this question, I seem to have lost connection on the first one.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation, the actions of the employer are clearly

wallstreetfighter :

unprofessional, however it is allowed as the State does not regulate internal company matters,

wallstreetfighter :

if they try to terminate you for the conversation, and claim you were fired for misconduct, you can challenge them in Court however,

wallstreetfighter :

at this point, it is best to send a letter to the HR stating exactly what happened, and that you never violated and company policy by your actions,

wallstreetfighter :

Unless you can claim discrimination,

wallstreetfighter :

under the law in CO an employer is allowed to dictate any policy they wish and write up any

wallstreetfighter :

employee they wish and for any reason

Customer:

I have ask for a meeting with HR person that pushed for this - I will take your advice and have a written response before I meet with them. At this point it isn't going to way of termination but they threatened it. I don't feel that I would fit into any discrimination class that would help. Do I do the right thing by refusing to sign this written document they dropped in front of me (the one I felt was misrepresenting)?

wallstreetfighter :

In practical terms it would be better to sign the letter, if it secures your job,

wallstreetfighter :

it would not hurt you in any legal way, as you would claim you were coerced into signing it as they threatened your job

Customer:

Ok, thank you

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