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Inside "Employee guide to dealing with discipline/termination at the workplace"
Everything you need to meet your employer head on when you have been unfairly disciplined or wrongfully terminated
- How to respond in the face of discipline or termination
- What steps to take to preserve your rights and possibly your employment
- How to set up the board so that you can have the best case later
- How to perform a basic evaluation of your wrongful termination case
- How to put your case in the best light when you present it to an attorney
- Explanation of the legal process
- Myths and misconceptions of the legal process debunked
- How to perform a basic evaluation of whether your employer is liable
- How to position yourself for the best settlement prospects
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Why purchase this book?
Knowing what to do in the face of discipline or termination is an invaluable skill. Instead of being taken by surprise, wouldn't you rather be on the offensive, gathering the necessary information that will strengthen your position and your case later? We show you how to go about this and how to go about saving your position or building the best case if you have already been wrongfully terminated.
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Product Details
Pdf ebook - 36 pages
View (print) with Adobe Acrobat Reader
Publisher - R&W Publishing
ISBN - 0-9788-9964-4
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Sample text from Employee guide to dealing with discipline/termination at the workplace
What To Do in the Face of Discipline, Demotion and/or Termination
I. Put It In Writing
If you receive verbal or written discipline (including termination) and you
disagree with the reason(s) for the discipline, you should respond in writing to your
employer regarding the reason(s) for the discipline. Make sure you can support your
responses to the discipline with valid facts for why the reason(s) for the discipline were
not correct.
If you can, you should attach documentation to support your response. Before
sending your written response, wait at least 24 hours after you have finished it. During
that time period, consider how the response will be received by your supervisor or
management. Make sure that your response is free of anger, revenge or other unhealthy
emotions. Consider having an attorney review your response before sending it in. It does
not cost a lot to hire an attorney for one hour to review your letter, but admitting or
misstating something in a letter can be very costly. Keep a copy of the response and
attached documentation for your records.
If you fail to make any response, it could later be viewed as an admission by you
that you agreed with the discipline and reasons for the discipline. If you file a lawsuit
because of your employment situation later, it will be much easier to review the response
that you had already written to the discipline then it will be to remember why you
opposed the discipline a year or two later.
II. Keep Documents Organized
If documents or e-mails exist that support your side of the story, keep copies of
them and do so as soon as possible. Documents tend to disappear over time. Keep copies
of documents that have any relevance to the situation. You might even want to make two
files, keeping them in separate places in case of fire, flood, or theft.
III. Taping Phone Calls
In Ohio, for example, to record a conversation, whether on the phone or not, you only need the
consent of one of the parties. If you are part of the conversation, then your consent is
considered sufficient. In other states the law may be different. Consult with an attorney
before recording a conversation in those cases. You can buy a tape recorder for your
phone at Radio Shack. It's not a good idea to set up a system which automatically tapes
your phone conversation. This is because someone else might use your phone without
realizing you tape all calls, and voila, wiretapping (a federal offense).
If you can't tape your calls, either take notes during the conversation or meeting
or take notes on what was said immediately after the conversation or meeting. Keep
these notes at your home or somewhere outside the office. Keep a copy of any important
documents/e-mails at a place outside the office. If you are terminated, your employer is
not going to let you stop at your desk and assemble work documents and walk out the
door with them.
You can also send a follow up letter to the employer confirming the contents of
your conversation, and asking them to write you back if your written recollection is in
error. The employer's failure to respond to that letter might be seen by a court as
confirming what you wrote in your letter.
IV. Logs and Diaries
Your memory a year or more from now is going to be much worse than it is
today. Keep a daily log of happenings at work, of conversations, etc. Keep a copy of the
log at home or somewhere other than work. Keep the log in one notebook and not on
several pieces of paper or different calendars. If you ever file a lawsuit, your log will
prove invaluable.
V. Updated Contact List of Important Persons
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