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Employers dont have to follow their own policy but... Virginia

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  • Employers dont have to follow their own policy but... Virginia

    What if they didn't follow their own policy when it comes to investigating workplace violence...is that violating the law? Example..1 coworker has 2 witnesses the one hit the other. The company doesn't assign the investigators with certain titles like they say they do in the handbook. The investigation proves to be full of bias due to who they did chose to investigate and the person essentially got away with it. Also the witnesses both were in supervision..1 said they didn't see it, the other said it was a light tap.Can the facility be guilty of nelegent retention?
    Last edited by Youngone; 05-18-2014, 12:29 AM.

  • #2
    Employers don't have to follow their own policies.

    Please explain how this relates to your own issue. In addition, please explain why you keep coming back here when you have stated repeatedly that you don't agree with/believe the advice and information we have provided to you.
    Last edited by eerelations; 05-18-2014, 06:40 AM.

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    • #3
      Poor horse, you keep beating on him. Nothing you state is going to change the responses you are getting. You are determined that your perspective is the ONLY correct one and you are determined to find something you can use to sue with. I get that. But honestly, based on your persona on here, if you are like that in real life, I totally understand why you had the issues that you did. You are looking for someone else to put the blame on. Yes, there are parts of your situation that might be unfair, but in the end you gave them exactly what they needed to terminate you. You didn't do your job as expected, they caught you with great documentation (the video and your acknowledgement of breaking policy). And handed them the perfect reason that they were probably looking for!

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      • #4
        Employers do not have to follow their own policy. That's exactly right. If you look through the policies, you'll no doubt see a disclaimer that the employer reserves the right to change, amend or skip policies as the situation calls for.

        Nothing illegal about that.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Originally posted by cbg View Post
          Employers do not have to follow their own policy. That's exactly right. If you look through the policies, you'll no doubt see a disclaimer that the employer reserves the right to change, amend or skip policies as the situation calls for.

          Nothing illegal about that.
          Thank you for your productive response.

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          • #6
            Originally posted by hr for me View Post
            Poor horse, you keep beating on him. Nothing you state is going to change the responses you are getting. You are determined that your perspective is the ONLY correct one and you are determined to find something you can use to sue with. I get that. But honestly, based on your persona on here, if you are like that in real life, I totally understand why you had the issues that you did. You are looking for someone else to put the blame on. Yes, there are parts of your situation that might be unfair, but in the end you gave them exactly what they needed to terminate you. You didn't do your job as expected, they caught you with great documentation (the video and your acknowledgement of breaking policy). And handed them the perfect reason that they were probably looking for!
            So many assumptions, I don't know where to start so I simply won't.

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            • #7
              Originally posted by eerelations View Post
              Employers don't have to follow their own policies.

              Please explain how this relates to your own issue. In addition, please explain why you keep coming back here when you have stated repeatedly that you don't agree with/believe the advice and information we have provided to you.
              Perhaps I should just erase my history since it proves difficult for people to take each post from me as is. If I don't personally attach a link..perhaps its because I've moved on from the original postings point of view.

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              • #8
                Originally posted by hr for me View Post
                Poor horse, you keep beating on him. Nothing you state is going to change the responses you are getting. You are determined that your perspective is the ONLY correct one and you are determined to find something you can use to sue with. I get that. But honestly, based on your persona on here, if you are like that in real life, I totally understand why you had the issues that you did. You are looking for someone else to put the blame on. Yes, there are parts of your situation that might be unfair, but in the end you gave them exactly what they needed to terminate you. You didn't do your job as expected, they caught you with great documentation (the video and your acknowledgement of breaking policy). And handed them the perfect reason that they were probably looking for!
                However I will say ...that the state allows for mitigating circumstances.

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                • #9
                  Originally posted by cbg View Post
                  Employers do not have to follow their own policy. That's exactly right. If you look through the policies, you'll no doubt see a disclaimer that the employer reserves the right to change, amend or skip policies as the situation calls for.

                  Nothing illegal about that.
                  I do feel that its bad buisness though if anyone decided to wage a retaliation claim on them.

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                  • #10
                    The law really doesn't care whether you approve of it or not, though.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                    • #11
                      Originally posted by cbg View Post
                      The law really doesn't care whether you approve of it or not, though.
                      For now I'm focused on job reinstatement... I can see what the law approves of later.

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                      • #12
                        You'd better worry about what the law cares about, since you've been on the wrong end of the stick ever since you got here.
                        Last edited by cbg; 05-18-2014, 01:36 PM.
                        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                        Comment


                        • #13
                          Originally posted by cbg View Post
                          You'd better worry about what the law cares about, since you've been on the wrong end of the stick ever since you got here.
                          No...not every since I got there..its every since I took FMLA and reported a coworker in house for hitting me.

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                          • #14
                            Can someone please lock this thread before people come and try to convince I don't have a case...illegal or other....

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                            • #15
                              Got HERE. HERE, on this forum.

                              No matter how hard you try, you simply don't have a case. IF they'd fired the other employee who took FMLA too, you might be able to convince someone it was retaliation for taking FMLA, but they didn't. So all your employer has to do when you claim "retaliation for taking FMLA" is point to the other employee and boom! You've lost.

                              "Retaliation" for reporting another co-worker is not, given the circumstances you have described in your other threads, illegal. While you refuse to accept it, the fact remains that NOT ALL OR EVEN MOST OF WHAT CURRENTLY GETS TERMED AS RETALIATION, IS ILLEGAL.

                              No, you're stuck with what you've got; you violated a policy and only after you got caught did you pull the disability and retaliation cards. Too bad it doesn't work that way. Terming you for the policy violation is 100% legal. They don't have to retroactively go back and give you a pass because of a "disability" you didn't report until you got fired or suspended - I don't remember which one came first.

                              Let me put it this way; if they did want to fire you in "retaliation" for your FMLA, reporting a co-worker, or anything else, you handed them a legal means to do so on a silver platter.

                              As you requested, I am locking this thread. And I most urgently suggest that you think very hard before you open a new one.
                              Last edited by cbg; 05-18-2014, 02:34 PM.
                              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                              Comment

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