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ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17050
Experience:  Licensed Texas General Practice Attorney
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I am a supervisor that was asked about an employee verbally

Customer Question

I am a supervisor that was asked about an employee verbally assaulting another employee. After giving my report the employee retaliated by reporting that I had used the computer for nonwork related purposes. this would be the second time I violated the policy in 9 years. Is it the likely course to proceed with termination if I do not have an otherwise problematic history. I have all positive performance reviews and have otherwise b.een a dependable and reliable employee. Or is it a likely procedure for them to issue a disciplinary action prior to termination. I am a civil service employee so Iam wondering if they would do an employee performance plan
Submitted: 2 years ago via EmployeeIssues.
Category: Employment Law
Expert:  ScottyMacEsq replied 2 years ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. There are two possibilities:

12.7 Notice of Proposed Action; Employee’s Opportunity to Respond
When an appointing authority proposes to discipline or remove a permanent employee, the employee must be given oral or written notice of the proposed action, the factual basis for and a description of the evidence supporting the proposed action, and a reasonable opportunity to respond.

12.9 Improvement Letters
(a) An appointing authority may issue letters (such as warnings, counseling, coaching, reprimands, supervisory plans, etc.) to attempt to improve an employee’s conduct.

(b) An employee may respond in writing to an improvement letter. The employee’s response must be attached to each copy of the letter kept by the agency.

(c) If the same or similar conduct recurs, an improvement letter can be used to support the severity of future discipline, but only if the letter advised the employee that the letter would be used for this purpose and advised the employee of his right to respond.

(d) An improvement letter is not discipline, is only appealable under Rule 13.10(b) or (c), and may not be included in any publicly accessible personnel record until used to support future discipline.

So it's possible that you could receive an improvement letter (this is in the discretion of the department that you're working for). If you receive a notice of discipline or removal, you have the right to appeal that. This is known as "due process", in that you have a right to a hearing on the matter and present your side of the case. Now the right is only the hearing. If they still determine that the complaint is meritorious, they could discipline you or terminate you. The fact that you have the argument that this was retaliatory for giving the report, and if they don't have any good evidence otherwise that this report against you is meritorious, they'll probably not pursue it.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 2 years ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 2 years ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 2 years ago.

Should I continue to await your response, or may I assist the other customers that are waiting?