AboutTimmy Chou Expertise I am a experienced Mediator and a partner in a management consulting firm. As a mediator I work as a third-party neutral and specialize in partnership/shareholder disputes, management/labor issues, company culture difficulties, and family-owned business problems. I can help describe why alternative dispute resolution may be a good choice for you. As an experienced management consultant I may be able to offer creative ideas to help resolve your organizational and business problems and disputes. "If you say conflict, I say opportunity".
Question I work at a fast food restaraunt where I have not gotten along with the current manager for quite some time. I have been late quite a few times (never more than 3-4 minutes). He has repeatedly sent requests to terminate me (as he is required to do per policy) to the district manager, and has been told each time that he does not have sufficient reason. Recently he asked me to sign a document that said if I was late for work in the future, it would be taken for granted that I quit. I refused to sign, but he said that he would still treat me as having quit if I were late again. I need this job, and have not been able to find another. Can he "quit" me when he has no authority to fire me?
Answer Thank you for your question!
As I always note 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 very typical and can be considered a "classic" HR dispute presentation. I cannot mediate this with you alone but I can respond to your question from my business consulting experience.
Note that this may have legal factors and you may wish to consult a labor attorney.
I often tell people that it may be useful to consider that right and wrong are not always the most useful places to begin in dealing with these sorts of problems. For most large organizations there is only expedient and inexpedient. Also, there is a cost to exacting justice and the costs can be quite high. Remember that your person-hood and your work are not even remotely related and that the most successful people at work are often the least successful with others since they have often become successful on the bodies of those they have slain.
You are dealing with authority figures or owners who are only interested in the path of least resistance in terms of how they manage the business. I'm guessing they could care less about you so don't put too much investment in your position.
Please make sure you document a very careful chronology of events as they have occurred. Names, dates and locations. In most states you can be fired for just about any reason without a problem. These are known as "right to work" states. However, you cannot be treated differently than other workers nor can your contract be violated, nor can policies and procedures of the company be overlooked. Therefore you must be careful that you do not put yourself into a position where you can be "over the line". Find out where the lines are and do your best to stay on your side.
As to your question, he may not technically have the authority to "fire" you as you say, but if he does it anyway it will be on you to try to enforce the rules. There is no workplace police to make him do anything and you would have to file a lawsuit -- which would cost YOU a bunch of money and take considerable time. Therefore, it is better IMO not to challenge the status quo.
These are some ideas. Feel free to follow up with additional questions.
For your information, the pros and cons of the types of dispute resolution methods follows.
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
