08-08-2019, 11:29 AM
(08-08-2019, 10:47 AM)michaelsean Wrote: If you are putting that in the complaint it could come across as admitting what you did was wrong, but the punishment was too harsh. Now I could also see that they can argue, "Hey he didn't do anything wrong, but even the guy who thought he did didn't go so far as firing him."
That second quote there could be an issue. By overruling the disciplinary official, and denying him the right to appeal the decision, they may have violated his rights laid out in their own manual. I don't know that they did or didn't follow the procedures in their manual, however based on that quote it seems like that is the angle they are going after. Even in at will employment states if companies don't follow their own rules in the termination of employees that they themselves laid out, and through agreeing to employment there the employee agreed to, it is not uncommon for courts to find in favor of the employee no matter how justified the employer may have been in firing them in the first place.
It pays for both parties to understand each others rights laid out in the employee manual. Source, my wife is a high up in HR and constantly deals with not being able to fire people because managers didn't properly follow procedures.
