Have my rights been violated?

Asked over 1 year ago - Lancaster, NY

Received a written warning (I think, employer refused to give me a copy) claiming a fellow employee said I was "barking' orders at him, then his supervisor claimed I said he was "worthless". I was told from the beginning of the session by my supervisor "it doesn't matter what you say, this isn't going to go away". They claimed I disrespected the fellow employee, but won't tell me what it is I'm supposed to have said to support this claim.

Attorney answers (3)

  1. Ryan M. Finn


    Contributor Level 13

    Answered . Possibly. You should demand a copy of the written warning. Does your employee handbook or policies address discipline procedures? If so the employer must follow them. Even without a written policy, the employer must act fairly in investigating complaints. Whether you have protected rights in this situation turns on whether there is a policy in place, or, alternatively, if the motive behind the employer's behavior is unlawful (based upon race, gender, ethnicity, sexuality, age, etc.)

    Ryan Finn * 518.213.0115 * Rfinn@hackermurphy.com * Referrals are the highest form of compliment * Hacker... more
  2. Arthur H. Forman


    Contributor Level 17

    Answered . It is certainly the best practice for a company to conduct investigations fairly. But it is not illegal to be one sided and not want to listen to anything you may have to say. Management has wide discretion in how it wants to run the company.

  3. Vincent Peter White

    Contributor Level 18

    Answered . If you have a union, contact your representative immediately.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any... more

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