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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12606
Experience:  Significant experience in all areas of employment law.
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I have a problem, my bosses give me a counseling report

Customer Question

I have a problem, my bosses give me a counseling report stating that my lack of attention to detail and failure to check my work cause an unnecessary eviction of a citizen, and numerous hours of labor to correct and suspended for two days without pay my question is if the manual procedures our office use states that by the Virginia Codes that when recovering rent that no one can claim indigent on an appeal case because they have to pay a bond. Should I file a rebuttal because I think this is not a case of lack of attention but a problem with the procedure which is to have someone file a indigent form to wave fee and cost and have a judge sign without paying the bond is not following the procedures by the code, so how is this an appeal case.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. I am very sorry to hear about this suspension.

However, from a purely legal standpoint I must tell you that you would not typically have any recourse or protection. The reason is because employment in the state of VA is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

So, since an employer doesn't need a fair reason to terminate an employee (i.e. an employee can be terminated for making a "mistake" that they were directed to make by the employer's guidebook), the law does not regulate suspension, which is essentially just a less severe form of discipline than termination. Indeed, it would make little sense to say an employer can terminate someone but cannot suspend them for the same offense.

So, your only real power in this situation is the power of persuasion. You may be able to convince your employer that suspension is unjustified because you were following the procedures given to you. But if this attempt at logic is unsuccessful, then you would not have any further recourse in the matter.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.