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hrpro37, Sr. Director, Human Resources
Category: Employment Law
Satisfied Customers: 116
Experience:  10+ years of experience in human resources roles with a specialization in employment law
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I am possibly facing termination due to unprofessional behavior

Customer Question

I am possibly facing termination due to unprofessional behavior
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No, this literally just happened. I was told I am currently suspended
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: I work as a shift lead. One day I had given an employee a simple task with clear direction which she was not able to complete. I then sent the same message I sent the initial employee to another one who works the same position but was off for the day. We began texting and I said "Emily is retarted" I also said how all the Spanish people here are messing
JA: Is there anything else the Lawyer should be aware of?
Customer: Sorry didn't finish
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Customer: I said the Spanish people are messing things up. At the same time another employee was using my iPad which was on do not disturb. She must've looked through my messages and reported this to upper management.
Submitted: 6 months ago.
Category: Employment Law
Expert:  retireddebra replied 6 months ago.
What province are you in please?Are you in a union?
Customer: replied 6 months ago.
I am in the us. New York. I just noticed this was in Canada
Expert:  retireddebra replied 6 months ago.
I will ask the site to move this to the appropriate list.
Customer: replied 6 months ago.
Will I have to pay again?
Expert:  retireddebra replied 6 months ago.
No. Of course not. Please don't worry.
Customer: replied 6 months ago.
Ok thank you
Expert:  hrpro37 replied 6 months ago.
Good Evening, Unfortunately, New York is an "at-will" state so your employer can terminate you at any time and if they have strict conduct policies, you may have violated them. If there are other individuals that have been in similar situations that haven't been terminated than the organization will have a harder time terminating you. I will say that unless the organization has concrete proof of what you said, they may not pursue it because they can't prove that you actually said anything. Feel free to ask follow up questions and please rate me! Thanks, Amber

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