Employment Law Questions? Ask an Employment Lawyer.
Good evening and welcome. I am very sorry to hear about this discipline and certainly understand your concerns. I'm not sure where you read that employers are supposed to impose discipline at a reasonable time and place, but that is simply not a legal requirement. In fact, the law imposes virtually no limits on how an employee can discipline its employees. Any limitations would be imposed by contract or as part of a collective bargaining agreement. But in the absence of such limitations, employment in Nebraska is "at will" and thus can be terminated any time for almost any reason regardless of whether that reason is true or fair. Since employees can be fired at will, the law does not regulate an employer's ability to impose lesser forms of discipline. Thus, no law says that an employer cannot escalate the same incident from a verbal warning to a written warning, or that the employer must raise the issue at a reasonable time. Indeed, they could simply jump straight to termination of that is what they believed was appropriate. Again, the only exception would be if you had a contract or union agreement to the contrary. If that is the case, your employer's breach of agreed upon protocol would be an appropriate basis to file a grievance through your Union. You would need to speak to your union rep about that. I hope this helps clarify things. Please let me know if I can be of any further assistance.
I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.
Very best wishes.