I've received a warning from my employer and I suspect I will be fired soon. What should I do?
A: If you find yourself on the receiving end of a disciplinary notice you consider to be unfair, there are several steps you should take to avoid losing your job.
First, be sure you understand exactly what work behavior is being challenged. Check your company handbook to see if there is a clear policy against the behavior. If you are unclear, ask for a meeting with your supervisor or human resources staff to discuss the issue more thoroughly.
If you disagree with allegations that your work performance or behavior is poor, you may want to ask for the assessment in writing, so you can add a written clarification to be inserted in your personnel file. But you should do this only if you feel your employer's assessment is clearly inaccurate; otherwise, you may risk escalating a minor verbal reprimand into a more major incident that will be permanently recorded in your file. Take some time to reflect and perhaps discuss your situation with friends before you sit down to write.
Especially if you feel you are likely to be fired, see if any policy in the employee handbook will buy you time -- for example, the right to file an appeal -- so the controversy can die down and, if necessary, you can change your work habits.
The employment lawyers of Melehy & Associates law firm have extensive experience handling labor and employment law cases primarily on behalf of employees from throughout Washington, D.C. and Maryland, including Montgomery, Prince George’s, Howard, and Charles Counties. If you believe you are or have been the victim of unfair business practices, employment discrimination, or whistleblower retaliation, call the law firm of Melehy & Associates today.
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What can I do to protect any legal rights I might have before leaving my job? A: Even if you decide not to challenge the legality of your firing, you will be in a much better position to enforce all of your workplace rights if you carefully document the circumstances. For example, if you apply for unemployment insurance benefits and your former employer challenges that application, you will typically need to prove that you were dismissed for reasons that were not related to your misconduct.
There are a number of ways to document what happened. The easiest is to keep an employment diary where you record and date each significant work-related event such as performance reviews, commendations or reprimands, salary increases or decreases and even informal comments your supervisor makes to you about your work. Note the date, time, and location for each event, which members of management were involved and whether or not witnesses were present.
Whenever possible, back up your log with materials issued by your employer, such as copies of the employee handbook, memos, brochures, employee orientation videos, and any written evaluations, commendations, or criticisms of your work. However, don't take or copy any documents that your employer considers confidential. This will come back to haunt you if you decide to file a lawsuit.
If a problem develops, ask to see your personnel file. Make a copy of all reports and reviews in it. And make a list of every single document the file contains. That way, if your employer later adds anything you will have proof that it was created after the fact.
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When can an employer legally claim that a particular accommodation is simply not feasible?
A: The ADA does not require employers to make accommodations that would cause them an undue hardship -- a weighty concept defined in the ADA only as "an action requiring significant difficulty or expense."
The Equal Employment Opportunity Commission (EEOC), the federal agency responsible for enforcing the ADA, has set out some of the factors that will determine whether a particular accommodation presents an undue hardship on a particular employer. They include:
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The nature and cost of the accommodation
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The financial resources of the employer (a large employer may be expected to foot a larger bill than a mom-and-pop business)
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The nature of the business (including size, composition, and structure of the workforce), and
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Accommodation costs already incurred in the workplace.
It is not easy for employers to prove that an accommodation is an undue hardship, as financial difficulty alone is not usually sufficient. Courts will look at other sources of money, including tax credits and deductions available for making some accommodations, as well as the disabled employee's willingness to pay for all or part of the costs.
The employment lawyers of Melehy & Associates law firm have extensive experience handling labor and employment law cases, primarily on behalf of employees from throughout Washington, D.C. and Maryland, including Montgomery, Prince George’s, Howard, and Charles Counties. Our employment discrimination attorneys have distinguished themselves by successfully litigating claims arising from employment discrimination based on race, sex, age, national origin, religion, sexual orientation, disability, and pregnancy.It is not easy for employers to prove that an accommodation is an undue hardship, as financial difficulty alone is not usually sufficient. Courts will look at other sources of money, including tax credits and deductions available for making some accommodations, as well as the disabled employee's willingness to pay for all or part of the costs.
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