The employee could easily sue and retain their job if there was no union and the company doesn't bother to document an employee failing to do their job.
At the big 3 the unions practically took al firing capabilites away from the company. Unless the union agreed, the employee stayed.
And no, unless an employee has a case, they can't sue an employer to keep their job. Not unless they have the cash to keep paying lawyers.
That is 100% on the employer, if they can't be bothered to follow the firing process they have negotiated with the union, or fight for a better one, its their own damn fault. They deserve what they get and have to live with the outcomes of their actions, just like any other company or person.
> And no, unless an employee has a case, they can't sue an employer to keep their job. Not unless they have the cash to keep paying lawyers.
Sure, but you'd have a case if your employer can't be bothered to document your dereliction of your job, and employers in cases like the one I linked to often work for a cut of the judgment due to how clear cut a case like that is.