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To whom it may concern: I am currently having an issue with…

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To whom it may concern: I...
To whom it may concern:
I am currently having an issue with my employer and union representation. I was given an employee consultation for a major offense stating: "Failure to report or call in within two hours of the start of a shift". My shift was 10:00-6:30, and I placed a call to notify management I would be late at around 11:30. I showed up to work at 1:15. Management and union representation are arguing that I should be at work no later than 2 hours after the start of my shift. However, that is not what this offense states.
I feel that I am being discriminated against for an unknown reason. What are your thoughts, and what legal action can I take, if any?
Thank you for your time.
Submitted: 2 years ago.Category: Employment Law
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Answered in 6 hours by:
2/15/2016
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 2 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,801
Experience: B.A.; M.B.A.; J.D.
Verified

You need to file a formal grievance process to straighten this out. If you were written up for not calling in within two hours of your start time, which is not correct because you called in at 11:30 within one and half hour of your start time, then the write-up/consultation is false and must be stricken from your personnel records. Writing you up for allegedly not calling in on time, but then berating you for coming in more than two hours later does not make sense. You would need a third party to intervene by filing a formal grievance process.

Best wishes.

Ask Your Own Employment Law Question
Customer reply replied 2 years ago
My union will not file a grievance on my behalf. What options do I have now?
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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