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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 99417
Experience:  Years of experience in running a medium sized law firm.
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I'm a director who had a subordinate file a complaint that I

Customer Question

I'm a director who had a subordinate file a complaint that I was unreasonable and had 13 of 30 employees sign it. What should I expect to happen
Submitted: 1 month ago.
Category: Employment Law
Expert:  Ely replied 1 month ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me:

1) Do you work for a large company?

2) Does your company have an administrative method for dealing with complaints? For example, like a sit down with HR, investigation, etc? Or, not, and everything is on a case by case basis?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 month ago.
It's a small not for profit. No HR, only a board of directors.No method as there really is no position. Si I believe the board is looking into the complaint. I was told to stay home for a few days, sabbatical until the dust settles.Thank you
Customer: replied 1 month ago.
I am, f course, concerned about being terminated. I believe this all stems from a write up of the instigator but don't know how to best defend myself.
Expert:  Ely replied 1 month ago.
Thank you.
First of all, understand that this is an INSIDE situation. Not criminal. Not civil (court). This is an internal matter for the company.
An employer generally has the right to demote/admonish/terminate an employee FOR ANY REASON.
The only reasons one cannot be punished for are:
-PUBLIC POLICY (discrimination based on race, religion, creed, etc; or, a retaliatory termination due to a claim made by an employee); or
-CONTRACT POLICY (if one has a contract that disallows such a termination)
-COVENANT OF GOOD FAITH (firing an employee to avoid paying a benefit, for example)
Otherwise, an employer can demote/admonish/terminate for any reason, without notice. It can be based on a mistaken rumor, or, just the fact that they do not like your shoes one day. You will hear "right to work" a lot. However, that does not mean what people think it means. All this means is that at time of being employed, the employee has a choice whether or not to join a union as a condition of employment.
No "hearing" is required. This is an internal matter and the employer does not HAVE to have an HR procedure unless they want to.
So your employer may or may not initiate a procedure to review the situation and they can talk to you about it, decide what is best going forward, etc.
OR, they can simply IGNORE it. Would not be the first time an employee complains, and would not be the last.
Someone in your situation does not need an attorney, but it may help if one feels that they will be terminated - just as a way to get some leverage in the meeting.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 1 month ago.
It is really too broad of a response to help. I am aware I can be fired any time for any reason. I was hoping on a bit of insight that might not be feasible under these circumstances. I would prefer not to rate this but it is not worth he expense.Thank you
Expert:  Ely replied 1 month ago.
Okay, well I need to know a little more about the situation. At this point, all you are telling me is that employees are complaining about you to your boss. I am afraid that I need a little more, please?

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