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 Hello
I have just been terminated for a company that i was employed for for the past 4yrs and i believe that it was done so wrongfully. My manager cites the reason as distributing pornographic material from my company e-mail as the reason and is very vague on what the "disturbing" images were, the issue with that is that I have done no such thing and the computer in question sits unlocked in a room that houses several individuals on a daily basis. when this was brought up i was then told that i violated company policy by leaving the computer unsecured. what steps if any are available to be to arbitrate this situation?
Answer Thank you for your question! Sorry about the delay in responding -- the system just notified me of your question this morning.
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 who are only interested in their own success or 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 their position. You were terminated for "so called" business reasons and now you must create a business reason to deal fairly with you.
Please begin by documenting a very careful chronology of events as they have occurred. Names, dates and locations. Put things in writing at this point paying careful attention to any evidences of good work or recognition over the last 4 years. In many 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 established HR policies or procedures be violated without consequence, nor can people lie about you without recourse.
Please request a written copy of the HR policies and procedures. If the local level management will not supply it, escalate the matter to the regional level or corporate level. Make sure you get a specific copy of the disciplinary procedures and the grievance procedures. Also ask in writing for a written explanation of the detailed reasons for the termination. Place your requests in writing and send them certified. This will notice up the company that they have awakened a potentially serious problem and this will not please the corporate folks.
Many states have Employment Commissions or other employment offices where you can file a complaint for free. You should contact them right away and file a complaint. You may also be able to file a complaint with the US Dept of Labor. Find their offices and file a complaint. Do not delay as there are time frames to meet in order to get the maximum leverage.
Be sure to send copies of your demand letter and any other correspondence to the DOL and the state office. You might even want to contact the press or TV media and publicize the behavior.
Once you have the documentation you can look for policy violations and begin the process with the state or DOL. You can also potentially begin an action against them for slander, libel and/or sexual harassment.
Your company must see that it will cost a lot more to deal with all the problems you will cause them for their practices and then they will make a business decision and settle fairly with you. Be cool, calm and professional, but be sure that they know you are serious as a heart attack and have every intention of seeking either reinstatement or an apology or compensation for unproven slanderous and damaging material in yuor work record.
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
