QUESTION

Is a training failure a disciplinary offense?

Asked on Apr 09th, 2014 on Labor and Employment - Wisconsin
More details to this question:
I worked for an oil and gas company. When I signed my permanent contract, nothing on it stated that I would have my contract terminated if I happened to fail some in house training. I failed once and I was given a second. But before that, I was threatened with a warning letter, stipulating that in case of a second failure a disciplinary process would be against me. I did not sign it. During my training, I believed I was discriminated and made a complain to the company HR headquarters. They promptly told me an investigation would be done within two weeks. But it took way longer and when I decided to inquire about the progress of the investigation, I was told there were still no results. The next morning, my local HR department informs me verbally that the investigation was concluded and there was no discrimination. No investigation report or proof, that an investigation was carried out, shown to me. But they decided to open a disciplinary process against me. 1. My contract never stipulated that it could be terminated if I happened to fail at school. 2. An investigation was supposedly done to investigation the circumstances behind my second failure. I was verbally told it was concluded and there was no discrimination. No report is shown to me. 3. I did not sign any warning letter. 4. Is a training failure a disciplinary offence?
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5 ANSWERS

I find nothing illegal about what the employer did. I would need to read the contract to answer.
Answered on Apr 15th, 2014 at 8:23 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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It really doesn't matter if it is a disciplinary offense or not. Read your contract. My guess is that the employer reserved the right to terminate you if you failed to perform properly. You failed to perform properly.
Answered on Apr 11th, 2014 at 9:53 AM

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Administrative Law Attorney serving Pasadena, CA at License Advocates Law Group LLP
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Nothing in the facts summarized here appears to support any claim against the employer. Discuss with a local attorney for a full analysis.
Answered on Apr 11th, 2014 at 9:49 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It is generally necessary for any employee to meet, and continue to meet, the minimum requirements of their employer. You can hire an attorney to look into this, but if you are an employee at will it is very doubtful that you will have any rights or be able to force continued employment.
Answered on Apr 11th, 2014 at 9:49 AM

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Litigation Attorney serving Monona, WI at Fox & Fox, S.C.
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Illegal discrimination needs to be based on a protected-class reason such as sex, race/national origin, disability, age-40 years, etc. Contact an attorney if needed.
Answered on Apr 11th, 2014 at 9:15 AM

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