Question:
I was written up for something that happened over 1 year and a half ago and was wondering if there was a time limit to discipline someone?
Answers:
If it is a fairly serious offense and the company is just now finding out about it, then, yes, they should write you up. If, however, they knew about it 1 1/2 years ago and are just now writing you up, then I suggest you file a grievance. Most organizations have a grievance policy and the company CEO is often the final arbitrator.
why are you worrying about something that happened 1 1/2 years ago. you should have done something then...
You should contact your local job force to see what the time line is or what you can do... Also check the employee handbook.
Do you mean that they are writing you up right now for something that happened 1 1/2 years ago?
If so, the only time I can see that being pertinent is, if say you were verbally warned 1 1/2 years ago for something and now you have done it again. Now they could do a written warning for it.
if you are not unionized they can do whatever they want.
Unless you are under a union contract or an employment contract you are an 'at will' employee'. At will employee have limited rights. Look at www.eeoc.gov, www.dol.gov, Human Rights Department and the rights listed in the employee handbook.
Unless your state or your company has specific time limits regarding when an employee can be disciplined, I doubt that you legally have a right to be disciplined within a certain time.
However, the fact that it took the company over a year to discipline you is disturbing. If they had a long investigation, that could be the reason it took them over a year. Other than that I would be concerned that the company was about to terminate you for cause. If your company has a policy that after a certain number of disciplinary actions an employee is terminated, it could be that they are about to terminate you and want to make it so you cannot sue them. You may want to find a local employment attorney to look at this now.
Well, there is no time limit.the employer can write an employee up at any time for any reason. However, whether or not it will stand up in court is another matter.
For example, let's say they decide to write you up again within the next 30 days and subsequently to fire you. If you sued for wrongful termination, you'd probably win, because the court would state that the first warning you received was a) not timely and b) didn't allow you sufficient time to correct yoru performance between the first and second incidents.
Of course, if the first incident was something really egregious, that would be a factor as well. Coming in late to work a few times vs. falsifying your expense account would make a difference. The court will look at the severity of the conduct, the frequency (were you late 20 times a month, or 2?), the company's disciplinary policy, the policy you ostensibly violated (why you were written up to begin with), the documentation itself, and the extenuating circumstances.
This article contents is post by this website user, HiAnswer.com doesn't promise its accuracy.
More Questions & Answers...