Wrongful Suspension

[Applez]

About the only possible recourse this person would have, if he were terminated, would be to file for unemployment insurance. And in the decision whether or not he receives unemployment insurance after his termination, it does matter if he refused to cooperate with management.

I'm in favor of a "signing this disciplinary notice to cooperate with management, but not in any way agreeing to or admitting the wrongdoing herein mentioned" statement written in. But there's no law in place about signing or not signing a disciplinary notice, because there are very few labor laws about what they can and can't fire your for, because as we've pointed out to you, they could fire you for just about anything.

If they cannot prove that they had a good job related reason to terminate you, then you probably will be able to receive unemployment benefits when terminated. But if your father's union is not going to help him grieve this disciplinary action, he really doesn't have much recourse. They probably will not fire him. He should keep written notes concerning what he has been told by those other people. If he is terminated or falsely accused by her again, they might come in handy.

Thanks for your advice.

 

[cbg]

My point is that he's NOT going to be handed a document that requires him to admit that he did what's claimed. You're making assumptions that have no basis in fact.

But you do what you want. When you get your father fired, though, don't come back here complaining.

 

[Applez]

But you do what you want. When you get your father fired, though, don't come back here complaining.

After you told me that it wasn't a good idea, did I even once imply that I would continue to give my father the same advice? No! I'm here to receive a few opinions and hopefully learn a thing or two from you guys in the process. I do appreciate your advice (and intend on passing it along to my father) - I'm just asking questions while doing so.

My point is that he's NOT going to be handed a document that requires him to admit that he did what's claimed. You're making assumptions that have no basis in fact.

I'm honestly not trying to be contentious here, this is a genuine question. Is it truly outside the realm of possibility for an employer to hand an employee a piece of paper stating that he -did- cause damage to personal property and ask that he sign it? I mean does such a thing -never- happen? Again, 100% serious question, because I honestly don't know the answer.

 

[cbg]

Can I offer you an absolutely hard and fast guarantee that such a thing has never in the known universe happened and never will? Of course not.

But at the present time, he hasn't been asked to sign ANYTHING, and the odds are INCREDIBLY weighted on the side that, in the event that he is asked to sign anything, it will be along the lines that I outlined; i.e. "The following complaint was made and I acknowledge that such and such a manager spoke to me about it". An employer would be incredibly stupid to do it the other way unless he had hard and fast proof. In 30 years of HR management and consulting, I've never seen an employer present a write up in which the employee was required to admit guilt; nor has any client of mine suggested to me that they should write up such a statement for one of their employees.

I do this for a living. I really do know what I'm talking about.

 

[Applez]

I am NOW convinced that you do, in fact, know what you're talking about.

No, but seriously, I believe you. I just wanted to hear something along the lines of what you just said above. Good advice. Thank you!

 

[eterry]

Defamation of character, plain and simple. Consider suing the bit-h for the two days of loss of pay. Call the supermarket manager in as a witness. Use Judge Judy if need be.

I'm not a lawyer by the way. This just strikes me as the way to go. Probably won't have much luck taking action against the employer. The legal community refuses to get involved in injustices like these, all too often. What's worse, is that they know more than they claim to. I mean, seriously, these guys brag about being useless yet they somehow manage to make a livelihood. Where does the money come from? Not from you and I, that's for sure!

 

[Applez]

If it was me, I'd definitely look into whether or not it's possible to do as you say. But this is my dad we're talking about here (he's from the "old school", if you will), he's not going to go through all of that considering he's 1.) Comfortable in his position and 2.) The incident has pretty much blown over. He's good friends with the manager and so she didn't make him sign any paperwork regarding the incident, so it's technically not on his record.

I think some things are worth forgetting. Such is the case here, IMO. Thanks for your advice, tho'.

 

[>Charlotte<]

If you're taking notes, Applez, make sure you note that eterry doesn't know what the heck he's talking about.

 

[Applez]

http://img821.imageshack.us/img821/5084/notes.jpg

 

[>Charlotte<]

http://img821.imageshack.us/img821/5084/notes.jpg

It's not often a complete stranger totally makes your day.

 

[eerelations]

Hilarious link!!! Made my day too.

 

[Applez]

p.s. No offense meant, eterry.

 

[eterry]

None taken. I laughed too.

However, it really is a clear case of defamation of character. She made a false statement that resulted in another party suffering a loss.

Being lawyers, you all would already know that this actually follows under "Personal Injury". You would also know that what the bit-h did is more precisely known as slander, and yes you can sue her.

I am disappointed that nobody pointed this out to Applez. I think it only serves to prove another point that I tried to make.

Applez, I think this topic would have fared better in the "Personal Injury" section. I am sorry for what happened to your dad, and I am sorry that our society has yet to bring social justice to the work place. Ending slavery was a huge hurdle, but we still have a long way to go.

The people on this forum do not have your back. See the following link for further details and speak to a personal injury lawyer ASAP.

Defamation Law Made Simple - Free Legal Information - Nolo

 

[Applez]

Thanks for the link, Ettery.

I'll read up on it, for sure, as it definitely interests me.

 

[Proserpina]

Thanks for the link, Ettery.

I'll read up on it, for sure, as it definitely interests me.

Again, eterry has not given you accurate information.

This is absolutely NOT a "clear cut" case of defamation.


Please, for your own sakes - forget that avenue. It will prove to be an expensive lesson in futility.

cbg, along with the others, have given you invaluable advice. Take it