Timeline for I received a written warning for my performance, how can I save my job?
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15 events
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| May 7, 2015 at 17:33 | comment | added | HLGEM | a lawyer will also tell you what eveidence you wil need to have avaiable if you choose to fight a firng after it happens. The time to colect such evidence is before the firing as you don;t have ready access to it after. He may tell you how to document that certain actions were taken. | |
| Apr 4, 2014 at 18:16 | comment | added | IDrinkandIKnowThings | If the OP Does not disclose the situation then his work has no obligation to make accommodations for it... | |
| Apr 4, 2014 at 15:19 | comment | added | ChrisW | @jmac The lawyer might point out A, B, and C which the OP should have done (or should do a.s.a.p.) and which they haven't. | |
| Apr 4, 2014 at 9:59 | comment | added | JimmyB | A lawyer in this situation should at least be able to give advice on what not to do. He will have experience and has seen many disputes of this kind. And he can tell you where you're standing and specifically what to avoid to not weaken your position even more, like "don't use the phrase x" or "don't agree to y". The boss or HR may be laying out (legal) traps for the employee to later justify their actions. | |
| Apr 4, 2014 at 9:02 | comment | added | jmac | So let's say you speak to an attorney, and the attorney points out that your employer should have done A, B, and C which they haven't. So what? Do you think that informing your employer who just gave you a formal warning that they are violating employment law is somehow going to make the situation better? Will it invalidate the warning that was deserved for reasons that aren't against the law? In what way will this help the asker keep the job rather than antagonize the employer he wants to rebuild a relationship with? Lawyers are not magicians, and the law is not a delicate instrument. | |
| Apr 4, 2014 at 8:32 | comment | added | ChrisW | @jmac I imagined a conversation with the lawyer like, "I have this problem. Should I tell HR? What should I tell them? Do they have any duty to help/accommodate? How much accommodation is reasonable: what accommodation if any should I suggest? Are they allowed to change my working conditions like that? What about my boss making false allegations?" I'm not suggesting that the OP ask the lawyer to 'get involved'; I'm suggesting the OP ask for legal advice about rights and responsibilities of employer and employee in this situation and about how/whether this situation should ideally be resolved. | |
| Apr 4, 2014 at 8:11 | comment | added | Steve Jessop | @jmac: "The requirements of the employer should be outlined in the contract" -- in my jurisdiction (England and Wales) that is simply false, employers have responsibilities established in statute. | |
| Apr 4, 2014 at 7:01 | comment | added | reirab | @jmac I'd agree with you there, I just don't think he was suggesting having an attorney take action, though I suppose he can clarify that himself if he desires. All he said in his answer was to ask an attorney about it, which is pretty much always the appropriate response if you have a legal question. We're in agreement, though, that getting an attorney to take any legal action would definitely not be in his best interest at this time. I don't think getting advice from a lawyer could possibly have any negative effects, though (aside from the cost, that is.) | |
| Apr 4, 2014 at 1:20 | comment | added | jmac | @reirab, as my last comment on this, let me keep it simple. Whatever legal obligations the employer has, the sign that they aren't fulfilling those obligations would be termination of employment because of them. An attorney can take action after employment is terminated. Actively getting an attorney involved in the relationship will most likely decrease chances of a successful resolution to the issue (keeping the job), which is why I advise against it. Your mileage may vary (but I sincerely doubt it). | |
| Apr 4, 2014 at 1:12 | comment | added | reirab | @jmac I meant the employer's obligations to accommodate the personal issue that he said he doesn't want to mention. That was what I understood ChrisW's answer to be referring to, as well. There absolutely are laws regarding certain situations in many jurisdictions. | |
| Apr 4, 2014 at 1:06 | comment | added | jmac | @reirab, the legal obligations are outlined in the contract. The requirements of the employer should be outlined in the contract, and it (generally) doesn't take a lawyer to understand an employment contract. The law doesn't really concern itself with employer-employee communication in a private business (why would it?), so I can't imagine that an attorney can give any legal insight in to what an employer's obligations are in regards to giving a warning about employee performance. Whether or not it would be legal for them to fire him is a different question, but that's premature, no? | |
| Apr 4, 2014 at 1:02 | comment | added | reirab | @jmac - He said to consult an attorney, not bring a suit. It sounded specifically like he meant to consult an attorney to clarify what the legal obligations of the employer are in relation to his situation, which doesn't sound like a bad idea to me at all, though it may be expensive. There's nothing wrong with knowing your rights, though it may be a judgment call on whether or not to assert them. I would agree that this is not an appropriate situation in which to file a suit, issue subpoenas, etc., but there's no harm in learning the law. | |
| Apr 4, 2014 at 0:53 | comment | added | jmac | I strongly disagree with contacting an attorney at this point. Attorneys generally come in to play after an employee has been dismissed, because neither the courts nor attorneys want to get involved in an employer-employee relationship that is ongoing. The law is a last resort when everything else has failed. If the asker meets the requests of his coworker for continued employment, and still ends up dismissed, then he should consider contacting an attorney. Doing it now would be a waste of time and money. | |
| Apr 4, 2014 at 0:26 | review | First posts | |||
| Apr 4, 2014 at 2:45 | |||||
| Apr 4, 2014 at 0:08 | history | answered | ChrisW | CC BY-SA 3.0 |