Can a Long-Term Employee Be Fired for Misconduct With No Warnings

[waytoomanycars]

My question involves labor and employment law for the state of: Michigan

I was terminated for violation of a company policy of Language, sesnativity and terminology. I had shown photos and/or jokes on my smartphone to my direct reports, that could have been deemed as inappropriate. This had been going on for over a year. One of the direct reports was underperforming and being held accountable to their actions. This person decided to make an issue of it and reported it.

I was interviewed and gave my side of the story. I never denied doing this. No one during the interview and investigation, could tell me when, state specific examples or what inappropriate was. Everyione has a different definition of what inappropriate is.

I asked at one point prior to termination if I could quit effective immedaitely, and was told no.

Worked for the company for 26 years. Never a mark on my record. Performed well above an acceptable level. In line for several promotions, now and in the future.

No verbal or written warnings about this, just terminated.

Since I was in a higher position, this is inconsistent with other similar situations. Most of the time, a person was wrote up and never lost any time, let alone their job.

Was I a target? Should I look into a wrongful termination? I have options for arbitration, but that waives all my legal rights to file a civil suit against them.

Words of wisdom?

[cbg]

Nothing you have posted comes even remotely close to the definition of a wrongful term. There is no requirement that you have been warned previously before you can be fired. There is no requirement that all employees be treated identically. It is legal, and common, for employees in higher positions to be held to a different, higher standard. I'm not seeing anything in your posts that suggests you have a cause for legal action.

[jk]

Something else you might consider:

Understand that although, while you may not view the [whatever] as not inappropriate, somebody else might. If somebody else is exposed to the photos, jokes, etc. and they see it as inappropriate, it can easily be a basis for sexual harassment claim. The employer MUST rectify the situation. While termination is extreme and not the only remedy available, it is fast, certain, and obvious.

Of course, the person above you may have simply thrown you under the bus to save his own ass. That's not illegal either.

[ESteele]

Based on your post, OP, it appears you should seriously and promptly consider the arbitration option. If you are provided the option of arbitration, at a minimum you can argue to an arbitrator that the employer has not terminated other similarly situated employees for analogous “first strike” disciplinary issues, and that you were a long time employee with an exemplary performance and disciplinary record.

In addition, if your employer has also previously agreed to terminate you and similarly situated employees only for “good cause,” you may succeed in arguing to an arbitrator that showing the photographs on your “smartphone” did not constitute a good cause basis for your discharge.

In contrast, you have not presented or hinted to any potential facts which would support a judicial wrongful discharge claim. Again, your best option here appears to be proceeding with arbitration.

[Beth3]

I had shown photos and/or jokes on my smartphone to my direct reports, that could have been deemed as inappropriate. Since you acknowledge that they could have been deemed as inappropriate, I expect they were.

One of the direct reports was underperforming and being held accountable to their actions. This person decided to make an issue of it and reported it. If this employee has a grudge against you, then you certainly gave this guy the ammunition he needed to turn you in.

No one during the interview and investigation, could tell me when, state specific examples or what inappropriate was. Everyione has a different definition of what inappropriate is. No surprise there. Everybody has different sensibilities. The only opinion that matters on this however is that of your senior management. If THEY decide your jokes and pictures were inappropriate, then that's the end of the story.

Since I was in a higher position, this is inconsistent with other similar situations. Most of the time, a person was wrote up and never lost any time, let alone their job. Perhaps they hadn't been sharing inappropiate jokes and pictures for OVER A YEAR as you were.

Nothing in your post remotely suggests you were wrongfully terminated. Frankly, you were being an idiot, especially since you were a supervisor or manager. You were expected to maintain a higher standard of behavior and set an example for your subordinates.

If arbitration is a possibility, I suggest you pursue that because you certainly don't have any kind of claim to take to a court of law.

[eerelations]

No one during the interview and investigation, could tell me when, state specific examples or what inappropriate was.

Reminds me of the employee who, when I was having a little chat with him about the inappropriate jokes he was telling female subordinates, demanded that I give him a complete written list of all the inappropriate jokes in existence, just so he could make sure he didn't tell any of those jokes to anyone. He was adamant that unless he had such a list, he could not ensure that he wouldn't tell any more inappropriate jokes.

[jk]

Reminds me of the employee who, when I was having a little chat with him about the inappropriate jokes he was telling female subordinates, demanded that I give him a complete written list of all the inappropriate jokes in existence, just so he could make sure he didn't tell any of those jokes to anyone. He was adamant that unless he had such a list, he could not ensure that he wouldn't tell any more inappropriate jokes.

ah, the answer is:

attached is a list of all terms deemed inappropriate when used in a joke:

and then attach it to a Webster's unabridged dictionary

[free9man]

As Justice Stewart once opined in reference to obscenity and I am paraphrasing...I may not be able to define it but I know it when I see it.

Just as applicable here.