If you are disciplined, use what ever appeal process is available. It helps (and, sometimes is required) when you complain to a government agency that you tried to fix the problem through the company or union grievance process. You may also find information which will help when you file an agency complaint or for unemployment. You may even win, or get the discipline lowered -- non-union companies sometimes think that union rights and principles for fair discipline are required for non-union workers.

The appeal process is different for each type of worker - union members, non-union workers, public workers, and probationary employees. A lot of discipline is because of attendance problems. If your attendance problem is because you, or a family member, have been sick, read about Family Medical Leave Act (FMLA). FMLA could protect you from discipline for bad attendance because of a family member's or your own illness.

Common issues when appealing discipline are:
  • Were other workers treated differently for doing similar or worse things than you?
  • Did you know the rule (or should you have known) before you were disciplined?
  • Did your boss follow the rules on discipline?
  • Do you have a good work record that should be considered?
Tips for Appealing Discipline:
  • Act immediately. There are time limits for each appeal process and also for filing complaints with the government.
  • When you get any notices or letters, read them immediately and ask if you don't you understand what they mean, what you must do, and what the deadlines are.
  • Organize all of your paperwork and write down the points that you want to make.
  • Try to find witnesses who will help prove your case.
  • Think about what you expect your employer to say, so that you will have answers.
  • It's easier to believe you if you stay calm, talk about the important facts, and don't make unnecessary or emotional comments about your boss.
  • If you don't think your boss will agree to get rid of the discipline, make an argument about why you should be given a smaller discipline.
  • After the hearing, ask when you will get an answer.

Union workers Read your union contract and talk to a shop steward as soon as you know there's a problem that might end with discipline. Read the contract articles on discipline and the grievance procedure. Pay attention to the deadlines to appeal discipline. Read Discipline Rights for Union Workers in the Resource Box so you can identify mistakes your boss may have made.

Non-union workers If you don't have a union, find out the company policy in the employee handbook or in a separate policy. There may be two different policies: one for how discipline is supposed to work and what the appeal, complaint, or grievance process is. It's common for companies to include a lot of "wiggle words," so they can't be held to their policies. It is often frustrating to appeal to the company when they make the final judgment on their own actions. The right to a fair hearing is one big reason that workers build unions.

Public workers  Federal, state, and local government employees are often covered by Civil Service, which has rules on discipline and how to appeal.

Workers on Probation first need to understand what their probation means:

  • are they starting a new job and they can't appeal if they're fired during their probation?
  • were they put on probation because their boss is not happy with their work?