Am I in the wrong?

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Am I in the wrong?

I was written up for not completing a learning module

Asked on June 16, 2016 under Employment Labor Law, California

Answers:

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

Answered 4 years ago | Contributor

The fact is that unless you have protection aginst this action under the terms of a union agreement or employment contract, or this action in some way constitutes some form of legally actionable discriminaation, you have no rights here. The fact is that most employment is "at will". This means that a company can set the conditions of work much as it sees fit. This includes the who to give, when to give and why to give a write-up. For your part, you can either accept this action, complain and risk termination, or quit.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The only real question is or issue is whether you have a written employment contract which specifies a disciplinary process or procedure. If you do, then you can enforce the contract's written terms if they help you. But without a written contract, you are an employee at will and may be disciplined at any time, for any reason (or even terminated at any time, for any reason), regardless of standard practice. Without a written contract, you have no recourse.


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