justalayman
Senior Member
Contest it? What makes you believe she would have a right to contest it, ever? She may be able to register an objection but has no legal right to contest it.=Willlyjo;2733951]
First, I did tell the Op that she might have a case to contest her written warning based on the fact she did have a doctor's excuse.
I try to stick to the lines with type on them.Now "case" for all intents and purposes meant (if you are capable of reading between the lines)
and the problem with that is? A boss does have that prerogative.that since the OP was written up by what it seems is a power driven, arrogant, "look what I can do" supervisor for not following a company policy, the possibility that higher ranking bosses WOULD allow exceptions such as going to the doctor at lunch time and calling in sick for the remainder of the shift, might exist.
or get fired. Could go either way. I suspect since the "boss" was given their position for a reason and apparently the action taken falls within this boss's area of authority, it would be a bit improper for a higher authority to take any action.Therefore, the Op might go over the supervisor's head and appeal to someone who has a more reasonable understanding of such a company policy, and get the written warning rescinded.
or it could set there for the rest of time.I did give the Op the opinion that since such circumstance didn't happen too often, she should just keep a low profile and do her work and hopefully, the written warning will be expunged at a later date (perhaps 6 months down the line) as is the case in many work policies regarding the expungment of such warning slips.
what is this OP going to rebut. She wasn't fired, merely written up.And also, as I mentioned in another post, there are circumstances in which an employee such as the Op can rebut an at-will status by showing an implied contract of employment that will not allow termination except for "just cause".
again, you take your quasi contract situation too far. It will never prevent a person from being fired for just cause which, failing to follow company policy would be included.This means that if the circumstances are right, being fired because you called in sick and produced a doctor's note proving you were sick would not be a "just cause" termination.
Well, I don't worry about the glass being half full nor half empty. When it's empty, I get a refill. Until then, it's irrelevant.And finally for you Justalayman, I did say an employer cannot hold it against the Op for calling in sick and producing a doctor's note. By that I meant "rightfully" and "fairly"! You see, I'm an optimistic person-I look at the glass as half full instead of half empty unlike many sarcastic, ignorant, ego stroking entities I am amongst during some periods of my days.
but yes, an employer can hold it against an employee for calling in sick and even if producing a doctors note. You see, there is no law against it so they can do it. In fact, even federal law recognizes the right. Read about FMLA law. Once your 12 weeks are used up (for those eligible), no doctors note is going to do a damn thing for you. You can be fired, period.
and what does that have to do with this situation? The OP's boss saw fit to issue a written warning and as such, did just that.It is reasonable for me to believe (based on common sense) that the consensus of Plant Managers, Supervisors, Lead Persons, etc...do indeed allow for exceptions that would result in quite less than a written warning for what the Op did--perhaps a verbal warning.
because that is not what happened here.I've seen this senario many times over the course of my history as an employee, why is it so hard to see it in this circumstance?