Suspended for problem I'd addressed for several months...

[winstonsmith]

What is the name of your state (only U.S. law)? California

The company (in California, USA) I work for provides computers to its employees. In order to perform the job that I was hired for I have no choice but to use the computer at each job site I visit. However, it is not unusual for the machine to crash upon instantiating even one necessary application, causing me to waste up to two hours simply trying to access the data I need in order to perform my job. I have written documentation of my informing my supervisor of the problem, have gigabytes worth of video footage and pictures of the computer crashing, lagging, freezing and so forth, which I have shared with my supervisor. I am being suspended from work now (as retaliation for speaking with HR about an abusive manager, I suspect, though that is a different issue) for "misconduct." The misconduct in question is my that i had indicated arriving at a jobsite that i had
left twenty minutes earlier. The reason for my doing this was computer error. I had to repeatedly restart the computer that morning, was unable to access the necessary information in that location via the aircard provided, and in general had a lot
of difficulty simply instantiating a SINGLE application in order to indicate my arrival status. On the day in question, as is my habit, I had been recording much of the technocataclysm that ensued after i powered the computer on. I showed a fifteen minute long
video from the time in question to the general manager during my suspension meeting, as well as an additional two from that time frame. Regardless of this, the suspension was carried out against me.
My question: The faulty equipment I have been issued for my work makes performing the job impossible. I followed all appropriate channels per company policy in an attempt to rectify the computer problem. I have text records documenting this. I have documentation of sending videos and pictures of the malfunctioning computer to my supervisor. I have personally spoken to the equipment manager, the (now) regional manager, the general manager, my supervisor, and a member of the IT department. At a certain point I was essentially told to stop bugging management about it. Now I am being severely disciplined as a direct result of the equipment failing. Is this legal? What recourse do I have?

 

[Zigner]

What is the name of your state (only U.S. law)? California

The company (in California, USA) I work for provides computers to its employees. In order to perform the job that I was hired for I have no choice but to use the computer at each job site I visit. However, it is not unusual for the machine to crash upon instantiating even one necessary application, causing me to waste up to two hours simply trying to access the data I need in order to perform my job. I have written documentation of my informing my supervisor of the problem, have gigabytes worth of video footage and pictures of the computer crashing, lagging, freezing and so forth, which I have shared with my supervisor. I am being suspended from work now (as retaliation for speaking with HR about an abusive manager, I suspect, though that is a different issue) for "misconduct." The misconduct in question is my that i had indicated arriving at a jobsite that i had
left twenty minutes earlier. The reason for my doing this was computer error. I had to repeatedly restart the computer that morning, was unable to access the necessary information in that location via the aircard provided, and in general had a lot
of difficulty simply instantiating a SINGLE application in order to indicate my arrival status. On the day in question, as is my habit, I had been recording much of the technocataclysm that ensued after i powered the computer on. I showed a fifteen minute long
video from the time in question to the general manager during my suspension meeting, as well as an additional two from that time frame. Regardless of this, the suspension was carried out against me.
My question: The faulty equipment I have been issued for my work makes performing the job impossible. I followed all appropriate channels per company policy in an attempt to rectify the computer problem. I have text records documenting this. I have documentation of sending videos and pictures of the malfunctioning computer to my supervisor. I have personally spoken to the equipment manager, the (now) regional manager, the general manager, my supervisor, and a member of the IT department. At a certain point I was essentially told to stop bugging management about it. Now I am being severely disciplined as a direct result of the equipment failing. Is this legal? What recourse do I have?

Yes, it's legal.
Your recourse is to accept it, or to look for another job.

 

[eerelations]

OP, the answer's going to be the same no matter where you post this question.

 

[Zigner]

OP, the answer's going to be the same no matter where you post this question.

I guess that's what I get for being an exclusive.

 

[swalsh411]

At a certain point I was essentially told to stop bugging management about it. Now I am being severely disciplined as a direct result of the equipment failing. Is this legal? What recourse do I have?

No, I think you were suspended because you continued to bug management after you were told not to. They have no legal duty to care about this problem let alone any duty to fix it. If they want their employees to waste time dealing with buggy/slow computers then that is their perogative. If you don't like it, find a new job.

Your employer is not a court of law. They don't have to let you tell your side of the story. They don't have to consider any evidence you present or even allow you to present it. They do not have to be fair, only legal.

If you are fired, file for unemployment.

 

[Beth3]

At a certain point I was essentially told to stop bugging management about it. At which point you should have stopped bugging them about it. Your frustration with the situation is understandable but at some point you should have realized they just weren't going to do anything about it. I expect you've heard that old saying about not spittin' into the wind.

Now I am being severely disciplined as a direct result of the equipment failing. Is this legal? Yes. Your employer is free to be as capricious and unreasonable as they wish to. No laws prohibit bad management.

What recourse do I have? Look for a new job elsewhere with an employer who provides the necessary technology so you can do your job.

 

[commentator]

If you quit due to being written up or suspended, even if you feel it was unfairly done, your chances of being approved for unemployment insurance would be very small. However, if you have been terminated by your employer, you can show on your claim for unemployment benefits all these problems and how you have made every effort to resolve them. So do not quit the job until you have another one to go to immediately. If they fire you, they'll have the burden of proof to show that they really did have a valid misconduct reason to terminate you or you will probably be approvable for unemployment insurance.

From what I am reading here, this person was not written up because of bugging management. This person was actually written up for not reporting his time correctly. Due, he believes to the failure of the computer system. Due also to his repeated complaints to management about the computer issues. But this behavior can definitely be considered misconduct. You need to be very very careful that it does not happen again while you are looking for another job and hanging on to this one till then. Because misreporting your time is an issue unto itself, and it can certainly travel into genuine misconduct quickly .

 

[TheGeekess]

I'm curious. Instead of bugging management, why was the laptop not turned into the IT department with a work order to fix it?

 

[Betty]

You didn't say how long you were suspended for or if they didn't tell you for how long. Can we assume this is an unpaid suspension? (You didn't say paid or unpaid.) You might want to start looking for other employment. This could turn into a termination - it seems employment elsewhere where they have working equipment would be better for you anyway.

Your suspension was not illegal.

Good luck.

 

[RJK]

Rjk

Hi winstonsmith: Can you say UNION. I assume you have no union or any employment contract or agreement with the employer at issue? 1st. I would look at the law in your state on employment. Most say termination at will. The 2nd. The possibility, a long shot, of a violation to the HOSTAL WORK PLACE ACT. I would, if you quiet or are terminated, file for unemployment (As 1 of the other Gentelman Advised]. At the unemployment agency you should argue 1. the termination was unjust based on the facts you have sited, 2. If you quite, Argue the employers actions where so blatantly abusive they forced you to quite and there-for the termination should essentially be considered a unjust discharge. All of these possibilities, accept if you are discharged, are by no means for sure. You would have a fairly good chance of winning your unemployment if you are discharged. This would be based on the facts as you have presented them. I hope this has been some help. Let me know what happens. [FORGIVE THE BAD SPELLING]

Kindest Regards, RJK

 

[commentator]

Puh-leeze! If you are terminated, forget that "unjust' crap. "Hostel work invironment" it may very well be, but when you are terminated and file for unemployment, you need to answer their very detailed questions carefully, starting with "What happened the day you were told you were terminated from work?" and "What was the reason the employer told you you were being terminated?" Your unenlightened opinons about whether or not you were terminated justly or unjustly are not helpful in the unemployment process. And it is very late in the game for you to go in and organize a union where you work, isn't it? This person has very questionable advice, right up to the "unjust discharge" thing. Forget "looking into the laws of your state" Unless you live in Montana, you are in an "at-will" state and are not going to be able to sue them for firing you. I love the advice that if you "quite you work", you should try to say blah blah blah....

This OP has been suspended. If he is not called back to work soon, he should file for unemployment insurance, as this suspension has turned into a de facto firing.

 

[cbg]

And as a matter of fact, it is not a hostile work environment as defined by law.

 

[RJK]

Rjk

It seems to me that senior member has had little or no experience in situations like yours or capable of proper interpretation of the English language. His approach to what I have written, to be of help, is a unprovoked attack on my person. I have had much experience in situations like yours and you can take my suggestions or not. Or take senior members obvious hostel advice to suck it up and move on. I can tell you that I am aware of a employee who quiet his employment, where I worked, because of the hostility and bad treatment he had suffered by the employer, MY EMPLOYER, and was granted unemployment compensation as his self termination was considered a unjust discharge because of what he was being exposed to by the employer. My mention of the UNION in the response to your problem is interpreted by senior member as a recommendation that you start a union organizing campaign to address your problem, far fetched,. My comment was merely to stress that if you had a union this situation could have been addressed by you through the union. I not sure what is to be gained by insulting some one or there suggestions when all they are doing is trying to help not get personal. I would like to stay on point not on personal insults.

 

[davew128]

It seems to me that senior member has had little or no experience in situations like yours or capable of proper interpretation of the English language. His approach to what I have written, to be of help, is a unprovoked attack on my person. I have had much experience in situations like yours and you can take my suggestions or not. Or take senior members obvious hostel advice to suck it up and move on. I can tell you that I am aware of a employee who quiet his employment, where I worked, because of the hostility and bad treatment he had suffered by the employer, MY EMPLOYER, and was granted unemployment compensation as his self termination was considered a unjust discharge because of what he was being exposed to by the employer. My mention of the UNION in the response to your problem is interpreted by senior member as a recommendation that you start a union organizing campaign to address your problem, far fetched,. My comment was merely to stress that if you had a union this situation could have been addressed by you through the union. I not sure what is to be gained by insulting some one or there suggestions when all they are doing is trying to help not get personal. I would like to stay on point not on personal insults.

You'd have more credibility if:
a) Referenced interpretation of the English language when you're own grammar wasn't atrocious.
b) Your query regarding a union had any bearing on whether or not the termination was lawful or if the OP qualified for unemployment benefits.

 

[Mnemosyne]

People in glass houses...

You'd have more credibility if:
a) Referenced interpretation of the English language when you're own grammar wasn't atrocious.