When an employee violates company policies, they typically face disciplinary action. This can be a verbal/written warning, for instance, when addressing poor performance. Or it can be a suspension, demotion or termination for serious infractions, such as safety breaches, continuous underperformance or theft.
An employer is not required to provide a reason for disciplinary action against non-contracted employees since Ohio is an at-will employment state. However, an employee may have a legal claim if the action is based on discrimination or retaliation for engaging in protected activity. This can happen if:
They are punished more severely
It’s unlawful for an employer to punish an employee more severely than others for the same infraction because of the employee’s identity attribute, such as age, race, religion or gender. For example, when they are suspended, while others are given a warning.
You should also be concerned if you are severely punished for a first-time minor offense. Although many companies use progressive discipline, they are not legally required to do so. Nonetheless, some disciplinary actions for a first-time offense can stem from discrimination against an employee, especially when others have been treated differently in the same circumstances.
There is no evidence
It’s crucial for an employer to gather evidence before taking action against an employee. Disciplining an employee based on rumors or suspicion can lead to unlawful decisions.
There are procedural errors
Companies usually have procedures for implementing disciplinary action. It can be a violation of company policy when an employee is suspended or dismissed without observing any established protocol. This breach of contract may be a discriminatory decision or retaliation.
For example, skipping warnings, denying an employee the right to union representation or not allowing an appeal.
It’s unlawful for an employer to implement an unfair disciplinary action because of discriminatory or retaliatory reasons. If this happened to you, get more information to understand your case and determine the best way forward.