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More olcc nonsense !
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<blockquote data-quote="Ricochet1a" data-source="post: 999282" data-attributes="member: 22880"><p>It doesn't work quite like that...</p><p></p><p>There are different laws in different states, that specify how an at-will employer can terminate an employee. I think just over a year ago, I did a summary of the different laws in the different states regarding to what extent an employer must show cause for termination - in this forum. Use the search feature, try the terms "at will employment", "state law", "requirements" and "show cause" - that should narrow it down to the thread which had the discussion.</p><p></p><p>OLCCs in and of themselves, do nothing to you. What they do accomplish for the employer (Express), is to establish a paper trail of "work failures", "misconduct" and other issues to which an employee failed to meet standard. Should Express decide to fire you for something (items for which an employee receives performance reminders or warning letters), the OLCCs in an employee's file provides legal cover for Express to defend itself against potential litigation for wrongful termination. In the very unlikely event that Express fires an employee for something (say 3 performance reminders in a short period of time) AND there were no other forms of documentation of disciplinary nature - the employee would have a good shot (depending on what state they are in) in winning a wrongful termination lawsuit. </p><p></p><p>Many employees don't understand the "legal consequences" of signing a document - for which blames them for something, AND they offer no rebuttal. </p><p></p><p>When I was "offered" OLCCs, I'd sign them, but with that signature, I'd put in MY WRITING somthing to the effect, "<u>I acknowledge reading the contents of this document. However, I admit NO BLAME for anything contained within this document. My signature DOESN'T construe admission on my part of any wrongdoing whatsoever.</u>" Signed <em>Ricochet1a</em></p><p><em></em></p><p><em></em><strong>Then get and keep a copy of the document with your handwritten note on it. </strong></p><p><strong></strong></p><p>If for some reason you do end up going into litigation against Express - your copy of the document would protect you from Express management attempting to alter the original document which you placed your statement on - to appear that you merely signed it and made no statement whatsoever (I did catch management trying this). </p><p>Your manager will argue till they are blue in the face that you can't put anything on the document other than your signature. THIS IS COMPLETE BS. When you sign a document, you are making a legal statement that you are either in agreement with the contents, or that you will abide by the contents contained therein. If they try to intimidate you into signing a document without your being able to add a statement of non-admission of guilt, then merely sign your name, then next to it write "Under Duress". The signature would have no legally binding effect on you. </p><p></p><p>I have never heard of an employee being fired for OLCCs alone. HOWEVER... OLCCs are the stepping stone for either Performance Reminders or Warning Letters. You can be handed a Performance Reminder for just about anything - these you do need to worry about. </p><p></p><p>I don't believe that Performance Reminders are subject to GFT procedures, so Performance Reminders are a "backdoor" method of building documentation against you for which you have no internal review protection - and may have your employment terminated if you gather too many in a period of time. </p><p></p><p>Don't spend too much time worrying about OLCCs - worry about Performance Reminders. As I posted earlier, Express is on a Performance Reminder "kick" right now - they want to thin the herd of troublesome employees - and not have to pay them unemployment or face wrongful termination litigation as a result.</p></blockquote><p></p>
[QUOTE="Ricochet1a, post: 999282, member: 22880"] It doesn't work quite like that... There are different laws in different states, that specify how an at-will employer can terminate an employee. I think just over a year ago, I did a summary of the different laws in the different states regarding to what extent an employer must show cause for termination - in this forum. Use the search feature, try the terms "at will employment", "state law", "requirements" and "show cause" - that should narrow it down to the thread which had the discussion. OLCCs in and of themselves, do nothing to you. What they do accomplish for the employer (Express), is to establish a paper trail of "work failures", "misconduct" and other issues to which an employee failed to meet standard. Should Express decide to fire you for something (items for which an employee receives performance reminders or warning letters), the OLCCs in an employee's file provides legal cover for Express to defend itself against potential litigation for wrongful termination. In the very unlikely event that Express fires an employee for something (say 3 performance reminders in a short period of time) AND there were no other forms of documentation of disciplinary nature - the employee would have a good shot (depending on what state they are in) in winning a wrongful termination lawsuit. Many employees don't understand the "legal consequences" of signing a document - for which blames them for something, AND they offer no rebuttal. When I was "offered" OLCCs, I'd sign them, but with that signature, I'd put in MY WRITING somthing to the effect, "[U]I acknowledge reading the contents of this document. However, I admit NO BLAME for anything contained within this document. My signature DOESN'T construe admission on my part of any wrongdoing whatsoever.[/U]" Signed [I]Ricochet1a [/I][B]Then get and keep a copy of the document with your handwritten note on it. [/B] If for some reason you do end up going into litigation against Express - your copy of the document would protect you from Express management attempting to alter the original document which you placed your statement on - to appear that you merely signed it and made no statement whatsoever (I did catch management trying this). Your manager will argue till they are blue in the face that you can't put anything on the document other than your signature. THIS IS COMPLETE BS. When you sign a document, you are making a legal statement that you are either in agreement with the contents, or that you will abide by the contents contained therein. If they try to intimidate you into signing a document without your being able to add a statement of non-admission of guilt, then merely sign your name, then next to it write "Under Duress". The signature would have no legally binding effect on you. I have never heard of an employee being fired for OLCCs alone. HOWEVER... OLCCs are the stepping stone for either Performance Reminders or Warning Letters. You can be handed a Performance Reminder for just about anything - these you do need to worry about. I don't believe that Performance Reminders are subject to GFT procedures, so Performance Reminders are a "backdoor" method of building documentation against you for which you have no internal review protection - and may have your employment terminated if you gather too many in a period of time. Don't spend too much time worrying about OLCCs - worry about Performance Reminders. As I posted earlier, Express is on a Performance Reminder "kick" right now - they want to thin the herd of troublesome employees - and not have to pay them unemployment or face wrongful termination litigation as a result. [/QUOTE]
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