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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 17454
Experience:  B.A.; M.B.A.; J.D.
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To whom it may concern: I am currently having an issue with

Customer Question

To whom it may concern:
I am currently having an issue with my employer and union representation. I was given an employee consultation for a major offense stating: "Failure to report or call in within two hours of the start of a shift". My shift was 10:00-6:30, and I placed a call to notify management I would be late at around 11:30. I showed up to work at 1:15. Management and union representation are arguing that I should be at work no later than 2 hours after the start of my shift. However, that is not what this offense states.
I feel that I am being discriminated against for an unknown reason. What are your thoughts, and what legal action can I take, if any?
Thank you for your time.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Phillips Esq. replied 9 months ago.

You need to file a formal grievance process to straighten this out. If you were written up for not calling in within two hours of your start time, which is not correct because you called in at 11:30 within one and half hour of your start time, then the write-up/consultation is false and must be stricken from your personnel records. Writing you up for allegedly not calling in on time, but then berating you for coming in more than two hours later does not make sense. You would need a third party to intervene by filing a formal grievance process.

Best wishes.

Customer: replied 9 months ago.
My union will not file a grievance on my behalf. What options do I have now?

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