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I was written up for harassment and I think I was wrongly…

I was written up...

I was written up for harassment and I think I was wrongly charged

Lawyer's Assistant: Was this harassment issue discussed with a manager or HR? Or with a lawyer?

With HR and I requested an appeal and was denied

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

What does at will mean? my company is not union hourly

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

My company is very large and I think I have been unfairly treated in regards ***** ***** and raises. I am not sure how extensive this goes.

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Answered in 1 minute by:
4/23/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,582
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

I am sorry to hear about this treatment. Can you please clarify what your question is for me? Are you asking if this sort of treatment of you is against the law?

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Customer reply replied 4 months ago
I took my company's anti-harassment training video many times and think I was wrongly accused. I want this off my record. I was put on probation last August (ironically AFTER I contacted HR in regards ***** ***** team leader who had given some of my guaranteed full time hours to a part time employee), then transferred out of a property (from what I consider a team leader bullying situation) and I don't think I should have been the one to be relocated. While still on probation, written up for harassment within 3 weeks of the new relocation.
Customer reply replied 4 months ago
I asked HR for an investigation and was denied.

Thank you, ***** ***** the additional information. However, please forgive me but I am still not seeing a question. What specifically is your question please?

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Customer reply replied 4 months ago
I think I have been unfairly treated and wrongly accused of harassment. I wanted to know what I can do to have this investigated?
Customer reply replied 4 months ago
I cannot take a phone call or want to spend any more money unless I know I have a case worth pursuing.

Thank you...

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So from a legal standpoint the conduct you are describing would not typically be actionable. This is due to the fact that employment in all states but Montana is "at will" absent an 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.

Since an employer does not need a fair or even true reason to fire someone, the law does not regulate lesser forms of discipline such as writeups. Indeed, this would make no sense when the employer could lawfully just skip straight to termination.

Employers also have no general obligation to be fair when it comes to advancement or raises. Ultimately, so long as they are not engaging in discrimination on the basis of protected traits (i.e. race, religion, etc. as mentioned above), the law considers these things to be internal personnel matters. Your recourse for such matters is to work with HR and attempt to resolve things on an interpersonal level. Ultimately, if that is not possible your only remaining options are to accept the employment being offered to you or (likely better) move on to other employment where you are treated fairly and with the respect you deserve.

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.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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Customer reply replied 4 months ago
during the write up process, my Director said "you're lucky you were not fired" is appropriate?

It's not appropriate or professional. It's rude and honestly quite bad management. However, it is not illegal, either.

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Customer reply replied 4 months ago
Understood and thank you. I will recommend your services, you were very helpful.

I'm very glad I could help and just wish I had better news to share.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,582
Experience: Significant experience in all areas of employment law.
Verified
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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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