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[NJ] Does a history of union grievances affect how an employer handles discipline over a disputed remark?
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I was indefinitely suspended for making a joking comment about wanting to slap a person's glasses off, where it was clearly a joke. HR asked what I said, and I denied it because I didn't even remember saying that. I thought I said something else, and my union is fighting it. The supervisor I said it to didn't even want any of this to happen. It was reported by another supervisor. HR has to investigate. The company has been coming after me about a bunch of petty infractions, and my father is currently suing the company for his own wrongful termination.
I'm sorry to hear about your situation, it sounds very stressful. Can you tell me how long you've been employed with the company, and if you have any prior disciplinary actions on your record?
Seventeen years. I have write-ups for unrelated infractions, like seatbelts and checking a back door for access to meters of a two-family building, but we were always told we could do that. I feel like they have given me punishments that they haven't given other people though.
Have you had any formal meetings or communications with HR regarding your suspension, and what was discussed during those meetings?
HR wanted to know what happened, but I told them I was uncomfortable discussing anything because I didn't even know why I was being brought in. I denied the allegations.
Is there anything else the employment lawyer should know before I connect you? Rest assured, they'll be able to help with your suspension issue.
No.
Hello. My name is Richard, and I have been a licensed attorney for over 25 years and hope to be of assistance. Please be advised that this website is for information purposes only, and I cannot formally represent customers of this website or perform actual legal services on your behalf. I understand you're dealing with a situation where you've been indefinitely suspended for a joking comment, and your union is involved. Could you tell me more about any steps you've considered taking regarding this situation?
I'm waiting until HR talks to the two people involved and gets back to my union.
Do you know if your company has specific policies or procedures for handling suspensions or disciplinary actions? If so, were they followed in your case?
There is also a long history, I feel, of the company harassing me and holding me back from promotions.
Have you ever filed any formal complaints or grievances about this harassment or being held back from promotions? If so, what was the outcome?
Different outcomes happened for different people. One person threatened to kick another employee down a flight of stairs because she was walking too slow, and he admitted that he said that. He got fired ultimately. Another person threatened to punch my father, got fired, but won his case in arbitration.
I had a grievance for wanting a title that was supposed to be given to me according to the contract language, but we lost that case in arbitration. I had another grievance about not being allowed to go to another department because of language in the contract. I had a third grievance about a discipline I thought was unjust.
So I've had three grievances against the company so far.
Based on your situation, there are several legal arguments and employment law considerations that could potentially support your case. Employment contracts: the language in your employment contract is crucial. If the contract specifies certain rights or titles that were not honored, this could be a breach of contract. However, arbitration outcomes can vary based on how the contract language is interpreted. Arbitration: arbitration is a common method for resolving disputes in employment settings. The outcomes can depend heavily on the arbitrator's interpretation of the contract and the evidence presented. It's important to understand that arbitration decisions are typically binding and can be difficult to overturn. Disciplinary actions: employers must follow fair procedures when disciplining employees. If you believe the discipline was unjust, it may be worth examining whether the company's disciplinary procedures were followed correctly and consistently. Harassment and retaliation: if you feel that the company has been harassing you or retaliating against you for filing grievances or for your father's lawsuit, this could be a violation of employment laws that protect against workplace harassment and retaliation. Let me know if you have any questions or clarifications, if not I'll move forward with guidance.
I just think they were looking to get me on something, and they used a minor comment I made as ammunition to get rid of me. I'm just worried about the outcome of what HR will decide after interviewing the two supervisors.
I'm worried the company is just going to say anything that sounds remotely threatening is cause for termination, even if it was meant as a joke I didn't even remember saying.
Does my past several grievances make any difference?
Should I try to get a lawyer based on this whole situation?
Can I say this when I have to talk to HR again? "I don't remember making the statement that's being attributed to me. I don't believe I said those words, and I never intended to threaten anyone."
There's also been comments made to me from supervisors in the past, like one threatening to show up to my house if I ever called out.
It sounds like you're dealing with a complex and stressful situation. Let's break down your concerns and possible actions.
- Handling HR meetings. It's important to be honest and clear in your communication with HR. You can say something like, "I don't remember making the statement that's being attributed to me. I don't believe I said those words, and I never intended to threaten anyone." This shows that you are taking the situation seriously while maintaining your stance.
- Impact of past grievances. Your past grievances could potentially impact how the company views your current situation. If there's a pattern of grievances, it might be seen as a history of conflict, but it also shows that you've been proactive in addressing issues. This could be relevant if you believe there's a pattern of unfair treatment. It's also worth knowing that filing grievances through your union is itself legally protected activity: under Section 7 of the National Labor Relations Act (29 U.S.C. § 157), employees generally have the right to engage in concerted activities, such as pursuing grievances through a union, for their mutual aid and protection, and an employer cannot lawfully discipline or terminate an employee in retaliation for exercising that right.
- Considering legal representation. Given the complexity of your situation, consulting with an employment lawyer could be beneficial. They can provide personalized advice, help you understand your rights, and represent your interests, especially if you feel the company is targeting you unfairly.
- Addressing harassment and retaliation. If you believe there's a pattern of harassment or retaliation, document any incidents thoroughly. This includes comments from supervisors, like the one threatening to show up at your house. Having detailed records can be crucial if you decide to pursue legal action.
- Possible outcomes and next steps. Be prepared for various outcomes from HR's investigation. If the decision is not in your favor, having a lawyer can help you explore options like appealing the decision or negotiating a settlement.
I'm afraid that during the quick meeting I had, they'll see it as lying because I denied it, but I genuinely believed that I didn't say what was alleged. I felt unprepared, so I told them I didn't feel comfortable answering anything at that point. Can you suggest an employment lawyer to talk to Monday to discuss my situation further?
Your local bar association can give you a referral to a licensed attorney in your area. I hope I was able to help resolve your issue. If you have any other questions, feel free to ask. As a friendly reminder, don't hesitate to reach out whenever you need assistance.
My local bar association? Do I just Google New Jersey employment lawyers?
Do you have any inkling of what direction you think this will go after my suspension?
Yes, you can search online for "New Jersey employment lawyers" to find attorneys in your area. Additionally, contacting your local bar association can be a great way to get a referral to a reputable employment lawyer. As for the direction of your suspension, it's difficult to predict the exact outcome without more details. However, if HR finds that the comment was indeed a joke and not intended as a threat, and if your union is actively supporting you, there's a possibility that the suspension could be lifted or result in a lesser disciplinary action. Having a lawyer can help you navigate this process and ensure your rights are protected. If you have more questions or need further assistance, feel free to ask.
The supervisor knows it was a joke and didn't even want any of this to happen. He offered to even come out to talk to me personally but was stopped by his manager from doing so. That's all for now, I guess. Are you an AI or a real attorney?
I'm a real attorney here to provide guidance and support. Did you have a follow-up question?
No, I appreciate your time. I'm just terrified of getting fired for something that wasn't intended to be harmful at all.
I completely understand your concern, and it's natural to feel anxious in such a situation.
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