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Question1323 · Mar 13, 2014, 06:17 PM

I received a final warning write up today for "intimidation" which allegedly occurred multiple times over a couple of months with "multiple" employees. The claim in the write up was that I told them that their work wasn't right and looks bad. Absolutely no inflammatory language or physical intimidation nor any threat of disciplinary action to their employment.
My complaint is that first of all these statements are completely untrue and I happen to know that of my 15 employees there are only two who wouldn't like me one of which quit and the DM stated that the complaints came from an exit interview and "multiple people" my question is that can two employees make up allegations when the general consensus is overwhelmingly in my favor and a final review be administered without me being able to do anything

smoothy · Mar 13, 2014, 06:49 PM

You do know if you don't have a really good labor contract... legally they can just fire you without giving a reason at all? THey don't HAVE to give a verbal OR a prior notice at all.

This is assuming you are in the USA.

Fr_Chuck · Mar 13, 2014, 08:05 PM

I have to
1. assume you are a supervisor or manager of some sort
2. in general you can disagree, go to your boss ( unless he is the one doing it) or his boss if you wish. Ask for a full investigation, and interview of workers there.
3. BUT>>> the 15 workers may not be as loving as you think, and perhaps you are more critical than you believe??

If you are a supervisor, are you not suppose to be telling others if work good or bad ?

Question1323 · Mar 13, 2014, 08:39 PM

Originally Posted by smoothy

You do know if you don't have a really good labor contract... legally they can just fire you without giving a reason at all? THey don't HAVE to give a verbal OR a prior notice at all.

This is assuming you are in the USA.

I am at fault for not clarifying my question so I apologize but what I'm asking is if I would there be any leverage in the event of a wrongful termination lawsuit. Reading into the question I asked you could have seen that I am in a managerial position as the second poster correctly inferred. In which case a labor contract of any sort is highly unlikely. I kindly thank you for your input.

ScottGem · Mar 14, 2014, 05:01 AM

Since you are aware of right to work laws, wrongful termination is an extremely rare thing. And I see nothing here that comes close to qualifying. Unless there are written procedures about the process in cases like these I can't see anything that would give you grounds. Even if they are, they are generally written to protect the company from suits like that.

By the way, managerial positions can have labor contracts. They can still be under a union control or be subject to a contract. You need to understand that we get lots of questions here with lots of different circumstances.

talaniman · Mar 14, 2014, 05:42 AM

Your boss or bosses have deemed your intimidations as something they needed to address, so take this as a reason to change whatever you are doing and stop disrupting the work place. If it's the first and final warning then be aware what the next step is and act accordingly. You are doing something wrong for sure and trying to prove you were wrongfully terminated as they may have a paper trail is fighting the wrong battle.

Boss rules so evaluate your own options and behaviors and make some adjustments. Take it seriously because obviously they are.

Obviously they are not happy with YOUR job performance and those are compelling grounds for dismissal. You have been warned, and it's their process.

smoothy · Mar 14, 2014, 06:02 AM

One thing I've learned... is before upper management says anything to someone... they were already watching and verified suspicions before calling them in.

They don't discipline someone over what someone said during an exit interview alone. They would have already heard of problems through the corporate grapevine... and if several people have quit over it... then it has started costing the company money, because its costs a lot of money to recruit and hire someone then train then and pay them until their productivity gets to what the person they replaced was. Listen to everything they say... your employment depends on it.

Fr_Chuck · Mar 14, 2014, 06:09 AM

If they have some documented problems, even two or three, I am not sure that a wrongful termination law suit would go very far. (sorry) first they are hard to prove, Also, they can be costly and without a strong case, an attorney will not do it on a percent, so you will be paying the bills, with retainers often 10,000 to 15,000 just to start the case.

joypulv · Mar 14, 2014, 07:36 AM

1) What matters first is what WRITTEN company policy is regarding warnings, probation, and termination. You don't say what that is.
2) Of course you only know of 2 out of 15 who have complaints about you, and of course you have an 'overwhelming consensus' in your favor. You don't know how many of them are just saying that to your face, because that's the smart way to keep a job.
3) Bottom line in my experience is how many people quit. Too many, in a short period, giving you as the reason, then an employer will automatically find you suddenly dispensable. It doesn't matter what you think is untrue or unfair.