Can an organization take performance action on a junior staff member due to complaint lodged by a senior staff member who has already resigned?

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Can an organization take performance action on a junior staff member due to complaint lodged by a senior staff member who has already resigned?

One of my senior managers complained about my performance but later resigned and left. Now the organization is taking steps on her complaint. When I asked for evidence to support the complaint, there was none provided. However, the organization is still taking action on me. Is this fair? I had also complained about this senior staff member regarding their unfair treatment towards me when she was still working with us. However, I was later told nothing could be done as she had resigned.

Asked on June 9, 2018 under Employment Labor Law, Alaska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Most work relationships are "at will". This means that absent some form of legally actionable discrimination, a company can set the terms of employment much as it sees fit. Accordingly, unless your treatment violates the terms of  union agreement or employment contract, you have no claim here.


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