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UCERRA Violation and/or Breach of oral contract Nevada

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  • UCERRA Violation and/or Breach of oral contract Nevada

    To start off, I have no proof. Its all circumstantial.
    I started a job in April 2016. I was non union due to my level and considered an at will employee. There is an initial 1 year probationary period.
    Up until the day I got walked out, I was having some underlying issues with my department. It was a close knit group in their own secluded area. The position I got was applied for by one of the senior members of the group. As my time went on, I tried working with everyone. I built trust among some of the members but others were always challenging me in little ways. I brought up my concerns with my manager and was told that if there was a problem, she would let me know. She said I was doing great and we were planning my 6 month review which would have been in about a month from last meeting I had. I ran nearly everything by her as it pertained to work tasks and would seek advice when I needed help with handling the union personnel under me or a question regarding contracts and budget. I literally had a meeting with my manager 2 weeks before I was let go. On the Thurs or Friday before I was walked out I received word that I may be deployed for 6 months starting in Jan. I talked to a couple of people in my dept about the concern that I was on probation and getting deployed. The following week I was to meet with my manager again. This time, the meeting kept getting rescheduled and, on Wednesday, I received word that a grievance had been filed against me and I was put on paid suspension. I was to meet with the OOD the following morning and I had to hand in my badge and cell phone. I asked what its in regards to and they said they didn't know, just that they were notified of the grievance. Prior to the meeting the following morning, I was approached by my HR manager, taken into the HR department, and told that I failed my probation. There was no reason stated on the paperwork and no reason given. Between the assurance of employment from my manager at every meeting I had and the fact that this came up after mentioning my pending deployment, it seems pretty clear what the issue was. The problem is that I was never able to formally tell my manager so I can't prove that she was aware. I also can't prove any conversations during our 1:1's and they would not let me take my notepad which had her suggestions and my actions for helping me handle the employees I was having problems with. Do I have any recourse in this?

  • #2
    You had a grievance filed against you after just a few months on the job and while on probation. You never told your supervisor about the deployment, which doesn't even should like a definite. When you were hired presumably it was known you are in the reserves (or some sort of military duty). What makes you think your military service is the reason you were fired and not the grievance just 5 months into your employment?
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3
      The "grievance" came in days after talking to my employees about a pending deployment. I was told a couple months earlier that there was some concern over me not knowing the applications enough to be the department head. This is where my manager expressed 1) she has a developed a relationship (professional) with some of the employees in my shop so they are comfortable talking to her about me and 2) she "didn't bring me in because I knew in depth knowledge of the applications, she brought me in to manage the employees and provide transparency". Fast forward to last week and I expressed to some people in the office that I was up for deployment for 6 months. I was waiting for confirmation on the orders. My next appointment with my manager was the following Monday and that is when I was going to bring it up to her. No corrective actions against me, no write ups, not even a counseling. I asked numerous times how I was doing and was told "If there was a problem, I would let you know". I have gone to conferences, scheduled for upcoming conferences, several meetings, and company functions. There is no reason that I could see to get rid of me.

      I received no information on the "grievance", management above me and parallel to me know the issues within my shop regarding them not wanting me there, and all of a sudden I'm walked out without reason. If a grievance was filed, shouldn't I know what the grievance was so I can contest, especially if its a false claim to get rid of me? Couple this with the fact that my manager and I were on good standing until I notified some of my employees of the pending orders. Then I get my normal meeting pushed off, no emails from my manager during the week, and walked out on Wednesday. I just feel I was wrongfully let go. At least provide me with the grievance so I can see what was claimed against me. This will continue to happen to the next manager if its not someone from within the shop getting promoted.


      • #4
        It sounds like the company can make a solid case for the fact that your manager was pleased with your progress until the grievance was received. If you are on paid suspension while it is being investigated, then you have not been termed yet. It is possible that the company would bring you back.


        • #5
          No, they do not need to tell you the content of the grievance. There are some cases where, as unfair as it may seem, it really is best not to share. Not your situation but in cases where the manager in question engaged in illegal activity, the grievance may give away who reported said activity and put that person in danger.

          I still see a lot of speculation here. If those who knew you *might* be deployed filed a false grievance, and If your manager some how heard about the as yet to be determined deployment, and If your manager knew the grievance was bogus and your employer had some sort of animosity toward your military service, then it would be a violation of USERRA. But that is a lot of "ifs". More likely, new manager who has had some difficulty with the union/direct reports and doesn't know the applications well, has a grievance filed against him before he has even been there 6 months, so the company decides to let him go.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


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