Employer gave disciplinary warning for false charges, Union representative did not re

[Nikki Green]

Greetings everyone,

I'm a civil servant.

My employer gave disciplinary warning for false charges.

My Union representative who was present did not represent me at all. He advised me to be quite and sign the false paper, and warned about about writing, "under duress", even though, I did sign the paper under duress.

My employer was all smiles, but I believe this is only the beginning.

Please tell me what type of lawyer must help me fight this injustice. What questions must I ask the lawyer to guage how powerful and competent he will be?

Right now I am lost, and will greatly appreciate your guidance.

 

[swalsh411]

You've been written up one time. You still have your job. You do not need a lawyer. There is nothing to sue for.

Contrary to what you (and may others) seem to think, being in a union or being a civil servant (or even both!) does not mean your employer cannot legally write you up for "false" charges. Until you actually get a demotion, pay increase, terminated, or some other concrete punishment, you have suffered no damages other than a blow to your pride.

Your union representative was there and gave you advice (which you ignored). So really it doesn't matter whether he was there or not because you didn't do what he said.

 

[Perky]

Greetings everyone,

I'm a civil servant.

My employer gave disciplinary warning for false charges.

My Union representative who was present did not represent me at all. He advised me to be quite and sign the false paper, and warned about about writing, "under duress", even though, I did sign the paper under duress.

My employer was all smiles, but I believe this is only the beginning.

Please tell me what type of lawyer must help me fight this injustice. What questions must I ask the lawyer to guage how powerful and competent he will be?

Right now I am lost, and will greatly appreciate your guidance.

I'm not sure what you expected from your rep, but he wasn't there as a legal representative. His function was to witness, ask questions for clarification, ask for a break if needed, but he isn't allowed to debate the charges with your employer. He also advised you correctly to sign the paper. If you hadn't done so, you would most likely be written up again for insubordination. Signing it only means that you read the letter, not that you agree with its contents.

You are probably allowed to attach a rebuttal letter, stating your side of the story, to the disciplinary warning.

If you want to discuss this with an attorney, find a labor law or employment attorney for a consult. Good luck!

 

[OHRoadwarrior]

Ask your BA if you can file a Protest Letter, outlining your position. I am not sure your Rep had you use proper language by saying "under duress", I believe it should have been "under protest".

Perky, he was exercising his Weingarten rights. He doesn't seem to understand them completely.

http://en.wikipedia.org/wiki/Weingarten_Rights

 

[Perky]

Perky, he was exercising his Weingarten rights. He doesn't seem to understand them completely.

I understand that, which is why I tried to explain the role of his rep in that meeting.
Really, if the only purpose of the meeting was to inform OP of the disciplinary action, there was nothing a rep could do. It doesn't sound like this was an interrogatory interview.

 

[commentator]

Even though you are civil service employee, and have a union, you most certainly can be written up and taken through disciplinary processess. You can be terminated, too, though this is probably a very defined and process-heavy procedure.

You say you were written up "for false charges." Is there an appeals process anywhere in this write up step? Can you appeal this write up? That's what you'll need to figure out. If this is a case of a supervisor at a local level having it in for you unfairly, then you certainly need to take it to the next higher level of your employer's hierarchy.

Also, how much good definitive proof does your employer have of these "false charges." Are there witnesses? Is there documentation?No one really hires an attorney at this point in a situation. What do you think they would be doing for you, telling the employer not to be mean to you?

You feel it may get worse, you feel your employer is out to get you. Keep careful documentation of everything that happens from here on out. If there were corrective measures or behaviors that you agreed to take in the write up, be sure you do what you have been asked to do. Even if it seems unfair to you. Employers can, and certainly will have the right to request you meet their behavior standards, even if they're not asking others to do exactly the same thing

In the meantime, I'd be very sure I didn't do anything like whatever I'd been "falsely acccused" of doing, and the employer shouldn't have any grounds to write you up again or take further disciplinary action.

Having a union, having civil service status neither guarantees that your employer cannot take you through progressive discipline and terminate you. Your recourse is if you feel this has been because you were of a certain race, religious affiliation, protected classification (EEOC) or because you feel that the union contracts in place were not followed during your disciplinary process. That's what the union rep sits in and listens for.

Otherwise, what you could get, if fired, is possible unemployment insurance benefits, that's it.

 

[Betty]

Based just on what you posted, I don't see any illegal discrimination or anything illegal done by your employer. I don't see a case against the employer at this time. You can certainly talk to an attorney if you so desire.

 

[Nikki Green]

Good Afternoon,

I have read through all your replies and have begun implementing them. Now I record email correspondences very carefully, and I am very meticulous about what actions I take during work hours. However, my employers are smart and they not backing down, hence I want to be proactive in finding a great Employment Attorney.

Is there a particular website that gives comprehensive information on finding an Employment Attorney? I notice the bottom of each response has a link to Find Attorneys & Lawyers - AttorneyPages.com Attorney Directory, is this the most comprehensive website?

For instance, when I look for a Physician in New York, I check New York State Physician Profile which gives their background education, board certifications, any complaints against them, etc. Then I check Welcome to ABMS: Improving healthcare quality through board certification to verify that they are indeed board certified.

Thank you for your help!

 

[Hot Topic]

Google is a good source to find reference websites.

The volunteers on this forum can't give you references to specific attorneys who "know their stuff."

 

[davidmcbeth3]

First, you did not sign under duress....you willingly signed; who knows what you signed. Your union does not care about you; they only care about the union.

You really cannot do anything about this other than write a retraction if it was a "confession".

Only Chuck Norris as your attny will result in anything happening. (other than negative feelings towards you).

Be a perfect employee starrrrting ... now.

 

[commentator]

Chuck Norris! Oh, I love that! Because it's true! You do not need an attorney at the present time, OP, nothing has happened! You cannot say you know they are going to keep on until they fire you unfairly and unjstly, because it hasn't happened yet. For an attorney to take your case and your money, to tell you that you have a case, would be bad ethics.

And as we keep repeating here, in your state, the employer has the right to terminate your employment as they see fit. If it's unfair and unjust, then you can probably get unemployment. But there are no labor laws broken unless there is an EEOC issue.

 

[Betty]

Based on what is posted, I don't see where the OP has a case but if the OP insists on running it by an attorney (to be told the same thing we are telling them), they are certainly free to do so.

 

[applecruncher]

Please tell me what type of lawyer must help me fight this injustice. What questions must I ask the lawyer to guage how powerful and competent he will be?

1. No injustice has occurred.
2. Call several employment lawyers and ask them: "Are you powerful and competent?"
3. Stop being so melodramatic.

 

[Nikki Green]

Update: Several attorneys told the same things you've been advising. At work I'm somehow managing to tough it out, while looking at other options, i.e. updating my resume...

I really appreciate your candid replies, and agree, Chuck Norris is awesome!

 

[commentator]

Glad to hear an up date. Hang in there! Moving on and doing better is the greatest revenge!