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Have my rights been violated?

Lancaster, NY |
Filed under: Employee rights

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

Posted

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 Murphy serves clients throughout New York State and always pays referring attorneys a reasonable referral fee in contingency cases

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3 comments

Asker

Posted

I asked for a copy of the paper I signed at the meeting the next day. I was denied, stating it was "against company policy". The company employee handbook states a coaching discussion, written warning and then separation as their "customary steps". I asked for this paperwork in an email to be sent to me.

Asker

Posted

I am now afraid to say anything to anybody for fear I'll be accused and "convicted" no mater what I do.

Ryan M. Finn

Ryan M. Finn

Posted

Feel free to email or call me so we can dig into the details a bit further.

Posted

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.

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Posted

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 statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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