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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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I work in a Portland, OR restaurant as a server, and have had

Customer Question

I work in a Portland, OR restaurant as a server, and have had an excellent work record for the past nine years there. Last week I had an altercation with a temporary assistant manager who was very unprofessional and called me out on something in front of the staff. I made a point of having him take me in his office. He and I talked it out, but he was very demeaning and unprofessional still. The next day I came to work he and the owner and another manager were waiting for me. They had a kangaroo court and suspended me for a week without any warning and in my opinion unjustly. My question is don't they have to at least give you one warning before suspending you? I lost several shifts because of this suspension and am now unable to pay my rent and other bills.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.
Is there a contract or handbook that calls for warnings or other discpline short of termination?
Customer: replied 1 year ago.
I've never been given a handbook or contract that I remember. Should I ask them for one?
Customer: replied 1 year ago.
I'm not sure how this works. How much time I actually have or where to find my answers. I want to know if there is something written in labor law regarding warnings before an employer can suspend an employee. Thank you for your feedback.
Expert:  Infolawyer replied 1 year ago.
You should. It may require warning. Otherwise, it is a matter of their discretion.
Expert:  Infolawyer replied 1 year ago.
Let me know if that is clear and acceptable.
Customer: replied 1 year ago.
No, it is NOT clear. Does it require a warning or not? Are there specific circumstances that require a warning? I'm not sure what you're saying here?
Customer: replied 1 year ago.
Is it up to the employer? or is it a matter that is written in labor law? I think you are telling me that it is up to the employer's discretion whether to give you a warning or not. Is that correct?
Expert:  Infolawyer replied 1 year ago.
No warning unless handbook or contract require it.
Customer: replied 1 year ago.
That answers my question then. However, this was particular person was attempting a power play in a most unprofessional manner. Is there any recourse to this that you know?
Customer: replied 1 year ago.
I've lost over $1,000 pay in that time, maybe more.
Expert:  Infolawyer replied 1 year ago.
You can appeal internally or have a lawyer negotiate.review the company handbook and policies, from HR to see if they violates protocol.Reason with them based on your good service and try to get them to reconsider.Those are your avenues!