i was given a suspension sanction for a malicious and offensive remark which was uttered in jest and the context of the statement was really a joke. also the complainants are my office friends so the comfort level is there plus the fact that it is "legal" and usual in the office to joke around. this argument/reasoning was solidified by the witnesses' testimonies.
if the company doesn't have a clear definition of these offenses (malicious and offensive), of how actions can be tagged as malicious and offensive, and just stated that the definitions are the same as merriam-webster's definition, is it safe to say that profanity or harmful statements are the only applicable to this case? also, if a person says that they were offended by just a single word which is not identified in the employee handbook (and filed an incident report against me), can i contest it and bring it to nlrc since i was issued a suspension sanction?
and by the way attorney, if i'm just rendering days when the investigation/hearing took place, is the sanction still valid?
thank you attorney!