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I was suspended for 5 days from work. I am a dayshift shift…

Customer Question
I was suspended for...

I was suspended for 5 days from work. I am a dayshift shift leader responsible for a packing department. the production line was packing whole birds 8 to a box and not the normal 9 birds. this has been a normal rule when birds are big. in order to change the system a spec exception has to be put in and approved. they system can only be changed by the QA supervisor telling IT to make the change. while on vacation this process was done and it did not go back as it should. the plant ran this way for 3 day before I returned from vacation and ran this way for several days after my return from vacation until a customer had a complaint. I received a 5 day suspension without pay. my problem is I was the only person held responsible when I was not even in the plant when it should have been placed back. the QA supervisor that put the spec exception in received nothing and the nightshift shift manager who was present during the whole thing received nothing. all the people who was on the spec exception received nothing. I filed a peer review when I returned and to date no one has even talked with me. what can I do

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Delaware

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have been with the company 20 years. I am 55yo and blind in one eye. my boss is always making fun of my age and being half blind

Submitted: 7 months ago.Category: Employment Law
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Answered in 4 hours by:
11/21/2017
Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,882
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. You don't specifically say whether or not you are in a union or have rights to a specific process of review of your suspension through a contract. If you do, then you will have to proceed under that process and as long as the employer complies with the terms of that process, you would not have a right to a different outcome as far as any contract is concerned.

If you believe that one reason for your suspension was your disability, then you will have to file a disability discrimination complaint with your employer's HR or EO office if they have one. If they are unable to resolve the issue as you think it should be, then you have a right to file a disability discrimination complaint with the State or the EEOC and can, of course, speak to a local employment law attorney about filing suit.

As for the age issue, that is more problematic because of how the laws are written. There would have to be proof that the only reason for your suspension is that you are over 40. That is a very difficult standard to meet, especially if other workers over 40 are not treated in the manner you were. The fact that your boss makes statements about your age is some evidence, but if others, as mentioned, over 40 aren't routinely treated this way, it may still not be enough for a substantiated age discrimination claim. I would though, if I were you, provide your HR/EO department with that information too when you file your disability discrimination complaint. In other words, include the age related statements and any evidence of ageism that you have.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box on this page and also let me know, by replying to this answer, that I have covered your question, then the Site will give me credit for assisting you today. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 21st. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at:http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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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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