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I am currently under a two-week suspension for violating a policy at my job. They told me within the two-week time frame they'll determine whether or not I'm going to remain an employee or be fired. The policy they are stating I violated is not in writing anywhere and I don't even have a copy of it. When the policy was verbally given to me I sent a very detailed email to my supervisor explaining some serious ethical concerns about what my employer was doing and potentially violating the Privacy rights of our clients. If I am in fact terminated, I don't know if it would be for misconduct, insubordination, or severe misconduct. I don't know if violating a policy that's not in writing would even count as a severe misconduct. Does being suspended prior to termination influence the decision maker one way or the other?
Regarding the failure to have a written policy on certain conducts.
This would become largely irrelevant depending on the actual conduct being alleged.
A company may not have actually reduced to writing a policy in which you can not operated a company vehicle while intoxicated.
However this is such a basic principle in business that the failure to write it down would likely not save your job.
Concerning a suspension during a pre termination period.... This could likely be rather neutral.... However, it does seem to indicate that whatever conduct is alleged... They are taking seriously.
I recognize this answer is vague.... but so was your original post.
If you were suspended without pay, then you need to file for unemployment right now (in the eyes of the UI people, you were already fired). You do that because the employer is currently investigating. They don't have quite enough to get your UI denied, or they'd have already fired you. They have the burden of proof so beat them to the punch.
When the policy was verbally given to me I sent a very detailed email to my supervisor explaining some serious ethical concerns about what my employer was doing and potentially violating the Privacy rights of our clients.
Why so cryptic? What was the policy and what did you do?
My bet is you will be dismissed. They want you gone, they are just trying to determine the correct way to go about it. They might keep you on awhile if they decide they are on shaky ground but it's only a matter of time until they find a solid reason.
If it's not in writing, file for unemployment, unless you're in a probationary period, typically your first 90 days of employment. They'd be silly to fire someone over something that's not in a written contract signed by you. Corporations usually have policies in place to avoid paying unemployment.
If you were suspended without pay, then you need to file for unemployment right now (in the eyes of the UI people, you were already fired). You do that because the employer is currently investigating. They don't have quite enough to get your UI denied, or they'd have already fired you. They have the burden of proof so beat them to the punch.
Seconded, as someone who received unemployment for a two-week suspension (but am fully aware of the tricks employers pull to get it reversed at a later time). Most of the information people receive about unemployment is just dead wrong. The posters on this forum are very helpful when it comes to UI, and they can get you started on how to get your benefits. Do not blindly listen to the people who say "you can't get unemployment if you're fired for cause" blah blah. UI has its own rules and laws that are fact and case specific. File, and then get your butt over to the UI forum for help navigating the system. Let a UI judge tell you you aren't entitled to benefits - not a layperson with little to no knowledge of the law.
The policy they are stating I violated is not in writing anywhere and I don't even have a copy of it. When the policy was verbally given to me I sent a very detailed email to my supervisor explaining some serious ethical concerns about what my employer was doing and potentially violating the Privacy rights of our clients.
Quote:
Originally Posted by old fed
bold move.
Unfortunately, by emailing a response to the verbal notice, he acknowledged that he was told of the policy.
OP doesn't come back? Hmmmm. Interesting. People think they're so clever when they're not. A big "hello" to the information gatherers.
Last edited by treemoni; 03-12-2018 at 03:02 PM..
Reason: Edited because I know what you did last summer, and I see you. *wink*
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A big "hello" to the information gatherers. 
