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Old 08-27-2010, 05:00 PM
hmn78 hmn78 is offline
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Join Date: Aug 2010
Posts: 1
Exclamation Can I be fired for this?

Backstory:

Several people in my department are friends with our supervisor. They can get away with just bout anything. They are constantly coming in late, leaving early, calling in, taking long or extra breaks (especially the smokers) and taking long lunches. After I was written up, by my supervisor, for being 4 minutes late back from my break I voiced this issue with my supervisor and was blown off. So I started documenting all of this to show to my supervisor's boss, our manager. I was just taking notes about who was late, leaving early or taking extra or long breaks. I didn't tell anyone, didn't show the notebook to anyone, and when I wasn't at work it was locked in my desk. Apparently someone got a look and complained, the supervisor went into my desk when I was not there and looked through my notebook.

Today I was called into HR and told that my keeping this log was causing a "hostile work enviroment" and I am on suspension immediately. I have a meeting with HR and my manager on Monday morning to see if I still have a job.

I did try to explain to HR why I was keeping the log, they didn't care.

Some friends have suggested that it's within my constitutional rights to write what i please in my own notebook as long as i'm not showing it to people or leaving it out where anyone can see it. Also that I (and a few others) are being discriminated against because we are NOT friends with the supervisor.

Anything that can help me keep my job would be great.
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  #2  
Old 08-27-2010, 06:00 PM
underdog underdog is offline
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Join Date: Dec 2007
Location: USA
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Your friends are wrong the constitution does not protect you in this way
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Your best advice legal advice does not come from internet message boards, Police, friends, family, your neighbors etc.It comes from an Attorney. Advice given here should not replace legal advice from a qualified Attorney.
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  #3  
Old 08-29-2010, 06:58 PM
moderator moderator is offline
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Join Date: Sep 2006
Posts: 15,249
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In general, most employees are considered at-will and can be terminated immediately for any reason, or no reason at all, unless there is a written employment contract in place specifying that the employee can only be terminated for cause. Sometimes "cause" is defined, sometimes not, but generally would include circumstances such as failure to meet the job qualifications, misconduct, etc. However, it is illegal to deny employment on the basis of a protected class (like race, gender, religious beliefs, etc.)

I suggest you contact an attorney to determine your legal options. You can find an attorney through the locator service on LawInfo’s home page at: http://www.lawinfo.com/.

You can also browse through the information in LawInfo’s Free Legal Resource Center here: http://www.lawinfo.com/consumer.html.
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