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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18811
Experience:  Employment/Labor Law Litigation
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I sworn at my boss after s heated text and call, after that

Customer Question

Hi,I sworn at my boss after his heated text and call, after that I did apologize to him, and he accept my apology, and we shook hands. I'm currently under suspension.
They can fire me for misconduct at work place, is this correct? do I have any options?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Yes, technically they can terminate you. Just because the supervisor accepted your apology, that does not legally mean that they can't use the incident as a basis for termination. Furthermore, the employer as a whole can decide that they believe the event is basis for termination even if the supervisor does not. This is because the employer is not bound by the decision of the supervisor, in accepting your apology.

Unless you had some evidence that the employer is treating you more harshly than others (who have done the same thing) based on your race, religion, gender, age, disability or recent FMLA use, I do not see any other legal options here.

Customer: replied 1 year ago.
Is there a time limit for their decision? Do I have any rights , for example, ask for investigation from Hr?
Expert:  Allen M., Esq. replied 1 year ago.

There is not a time limit, like a statute of limitations. They are not a government and this isn't a criminal law action.

In terms of a right to ask HR for an investigation, nothing in external law creates that right..no. For you to have any sort of right to an HR investigation, that has to come from company policy. Only a company policy or handbook could legally create any right to an HR investigation, so you will have to explore your own company policy on that issue.