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  1. #1
    Join Date
    Aug 2011
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    Default Can Someone Be Fired or Denied a Transfer Without Proof That a Warning Was Given

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

    Warning for lateness I mean. Basically my manager told the District manager that I have lateness issues and I'm on conduct warning and couldn't be transfered. He told him he has documents showing that. I'm not sure what kind of documents. He never had me sign any formal documentation or anything-which I told the DM. He told me I don't have to sign anything because of the "documents" they have. So my question is how can they prove it, if I was never given a written warning which would show that did warn me?

  2. #2
    Join Date
    Sep 2010
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    Default Re: Can Someone Be Fired or Denied a Transfer Without Proof That a Warning Was Given

    In Maryland, unless you have a contract or some sort of collective bargaining agreement, yes you can be fired or denied an opportunity unless it was done based on race, religion, etc...

  3. #3
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    Dec 2009
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    Default Re: Can Someone Be Fired or Denied a Transfer Without Proof That a Warning Was Given

    Absent a written contract to the contrary, your employer may deny you a transfer for pretty much any reason (except legally-protected characteristics like your race, gender, disability, age and/or religion), including unprovable or nonexistent warning notices.

  4. #4
    Join Date
    Aug 2011
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    Default Re: Can Someone Be Fired or Denied a Transfer Without Proof That a Warning Was Given

    Wow, that's crazy! It doesn't sound fair at all...

  5. #5
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Can Someone Be Fired or Denied a Transfer Without Proof That a Warning Was Given

    And that is the case in all 50 states, not just Maryland.

    What's unfair about it? Are you saying that you weren't late and he just made this up?

  6. #6
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    Sep 2010
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    Default Re: Can Someone Be Fired or Denied a Transfer Without Proof That a Warning Was Given

    Actually it is NOT the case in all 50 states. Montana has a quite extensive law countering at-will discharges. In addition, many other states modify the at-will rule in various ways. Maryland, however, is none of these states THUS the reason I phrased my answer in that way.

  7. #7
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    Massachusetts
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    Default Re: Can Someone Be Fired or Denied a Transfer Without Proof That a Warning Was Given

    Even in Montana, being late is a valid reason to deny a transfer or to term employment, and there is nothing I've seen to say that a written warning is required first. I was not responding to your post, but to eerelations.

  8. #8
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Can Someone Be Fired or Denied a Transfer Without Proof That a Warning Was Given

    In ALL states, including Louisiana, and Maryland, and Montana, you can be fired or denied a transfer without proof that a warning was given. In fact, in all states, including Louisiana and Maryland (and in some situations in Montana) you can be fired or denied a transfer without there having been a warning at all.

    I hope that this is now clear to you.

  9. #9
    Join Date
    Dec 2012
    Location
    Atlanta, Georgia, United States
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    202

    Default Re: Can Someone Be Fired or Denied a Transfer Without Proof That a Warning Was Given

    Quote Quoting cbg
    View Post
    And that is the case in all 50 states, not just Maryland.

    What's unfair about it? Are you saying that you weren't late and he just made this up?
    I thought this was also applicable to Louisiana as well?

  10. #10
    Join Date
    Feb 2010
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    CT & IL
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    Default Re: Can Someone Be Fired or Denied a Transfer Without Proof That a Warning Was Given

    Quote Quoting Isabe-l
    View Post
    Wow, that's crazy! It doesn't sound fair at all...
    call your legislator ... you were an at will employee ... they wanted to get rid of you so they made some stuff up about you. Ask for your personnel file (chk state law to see if they must comply). If they lie to a potential employer then you would have a case against them, maybe. For a different cause of action.

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