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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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I was accussed of not reporting a work jury incident,but I

Customer Question

I was accussed of not reporting a work jury incident,but I told the supervisor on duty .I was given time off until further investigation today . The manager told me I was bleeding all over the place which was not true .The manager even told me it happened on Saturday when actually it happened on Friday .When I told the supervisor on duty on Sat. when it happened he failed to report a incident report. How can I be given tie off when the supervisor failed to do a report . I have a witness that heard me tell the supervisor of the incident . What are my options ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

The general rule in VA is "at will" absent an express agreement to the contrary. At will employment can be terminated or modified for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination/modification is fair, reasonable or even TRUE.

This means you can be disciplined or even terminated based on the false belief that you failed to timely report an injury. It is certainly unfair if that happens, but there is no law that requires your employer to be fair or to keep employing you.

So, I'm afraid that all you can really do in this situation is attempt to reason with your employer. This means submitting a written explanation for what happened, being sure to mention that you have a witness who will corroborate that you reported the incident to your supervisor. You don't want the tone of your written explanation to be hostile or aggressive. Your only power here is the power of persuasion, and persuasion is best accomplished through an open, calm and even-handed approach to the situation.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

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.

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