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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20289
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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If a manager has had 2 complaints from the union, is it lawful

Customer Question

If a manager has had 2 complaints from the union, is it lawful to just terminate the employee to avoid rocking the boat during contract talks?
Submitted: 4 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 4 years ago.

Thank you for the question. Are you asking if it would be unlawful to terminate a non-union manager? If so, does the manager have a contract for a specific term or is there a company policy that prohibits termination under these circumstances?
Customer: replied 4 years ago.

Manager is non-union and there is not a specific contract term. Not positive about the company policy.

Expert:  Marsha411JD replied 4 years ago.

Hello again Bill and thank you for your reply. Unless there is a company policy that gives the non-union employee more rights, then the employer is free to terminate them for any, or no, reason and with no notice or warning, since Illinois is an employment "at will" state. The only exceptions to "at will" employment and the employers ability to terminate arbitrarily and without cause, are if there is a contract or policy that says differently or if the termination is motivated by discrimination because the employee is a member of a protected class under employment discrimination laws. So, unless one of the exceptions applies in this scenario, the termination would be lawful.

That said, the employee, might have a defamation of character cause of action against the union or the individuals who made the complaints if the statements were false statements of fact. In that case, the employee would want to sit down with a local trial/litigation attorney who handles non-physical injury torts (which is what defamation is) to discuss their case and decide whether or not to file suit and if so, against whom.

Please let me know if you need any clarification. I would be glad to assist you further if I can.