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

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.

Product Details

Pdf ebook - 36 pages

View (print) with Adobe Acrobat Reader

Publisher - R&W Publishing

ISBN - 0-9788-9964-4

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