Legal Question in Employment Law in Maryland
Perceived threat
I my employers Human resources dept I was in a conversation with the receptionist and another co-worker and in jest referenced ''going postal''. I was only kidding and laughing the whole time. The reception perceived it as a threat, security was called and HR management. They are now pursuing action against me. Such as a written warning in my employment files. What are my rights?
2 Answers from Attorneys
Re: Perceived threat
Besides reviewing your employment policies to see whether you have a right to some type of review/hearing, you should consider submitting a statement to HR, and specifically ask that it be placed in your file, telling your side of the story. Simply state that the matter was a joke, no harm was meant, and there was never meant to be any threat. Stay with the facts. Do not be belligerent or confrontational.
Beyond that, you do not have any particular rights in this matter unless you are represented by a union. (If so, you can file a grievance. Of course, you can always seek a new job too.) The employer can take action as it sees fit, as long as the action is not based on protected characteristics such as age, race or sex.
You should also take this as a lesson. Today, you can not joke about these things at all. They are not funny. Not in an airport, not at work, not in public. Be careful not to let this happen again, because once can be an honest mistake, but twice begins to show a pattern and, if nothing else, a serious lack of judgment.
In the end, it is important to have your side of the story on the record at work. But if the employer is content to let the matter lie, and no other action is taken against you besides the warning, I would not think it in your best interest to make any more of it.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
Re: Perceived threat
Assuming that you do not have an employment contract that proscribes your employer's ability to discipline you, your disciplinary procedural protections will be contained in your employer's employee manual. You should ask that your employer follow its progressive discipline policy, if your employer has one.
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