Expert: Timmy Chou - 10/1/2008

Question
I was suspended on the 20th of September because me and my district manager was in a heated argument about whether or not she protects us when customers call the human resources dept. and lie on employees about situations that happen. She ended up getting so mad that she suspended me. I have been calling everyone to find out how long can she make me stay off work no one has an answer.I also been hearing that she is going to other stores to find something on me to use to fire me.

Answer
Thank you for your question!

As I always mention to questioners, mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement. The case you describe here is unfortunately very typical.  I am not a lawyer and cannot give you legal advice, nor can I mediate your dispute with just you alone but I can respond to your question from my business consulting experience.  Note that this issue may develop legal implications and you may wish to consult an attorney.

Most companies have internal rules established about how and when people can discipline and what appeal processes there may be.  Even so, once a pattern of dealing has been established it can usually be relied upon.  You have to research both ends to see what is usual and customary in your company.  There is often a grievance procedure that you can follow.  You must usually follow these steps till the end before seeking any additional remedies. Usually company discipline like you describe must be applied the same from person to person.  Hence they would have to treat everyone that does your job the same way and not just you.

If you have a Labor Commission or similar agency in your state they can assist you more directly.

These are some ideas.  Feel free to follow up with additional questions.



In all my answers, and for your information, the pros and cons of the types of dispute resolution are provided below.

GOOD LUCK!

Arbitration, Mediation, and Litigation

Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system

Benefits of Arbitration:

   Confidential, no public record
   Limited exchange of documentation, information
   Quick, don't have to wait for a court date
   Arbitrators have expertise in the subject matter and are trained in conflict resolution
   Cheaper than litigation
   Preserves business relationships

Negatives of Arbitration

   It's a compromise, no %100 winner
   Complex arbitration can be costly
   If not satisfied, may litigate the arbitration procedure
   Poor results with an unskilled arbitrator
   Both parties must agree to cooperate in the process

Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.

Benefits of Mediation:

   Neutral mediator can objectively suggest alternatives not considered before
   Parties are directly engaged in negotiating the settlement
   Can be quicker than litigation
   Less costly than litigation
   Preserves business relationships
   85% of American Arbitration Association cases mediated find successful solutions

Negatives of Mediation

   may not reach a binding decision
   unskilled mediator

Litigation: using the judicial system to resolve disputes

Benefits of litigation:

   a clear winner and loser
   uses a prescribed set of procedures
   more predictable outcomes
   is final

Negatives of Litigation:

   waiting for court dates can do more harm
   usually more expensive than mediation and arbitration
   part of the public record