Can my boss write me up for days off that were approved by my boss?

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Can my boss write me up for days off that were approved by my boss?

I got written up for missing ‘excessive’ days
that were approved time off.

Asked on July 10, 2017 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

The fact is that most employment is "at will". This means that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). Therefore, it can discipline an employee as it deems appropriate, up to and including suspension and even termination. The only eceptions to this would be if there was an employment cotract or union agreemnt that provided otherwise. Bottom line, your write-up while seemingly unfair, was permissable.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you don't have a written employment contract for a definite term (e.g. a one year contract) which term has not yet expired (and so the contract is still in effect), you are an "employee at will." An employee at will may be written up, discriplined, suspended, demoted, pay or hours cut, or even be terminated at any time, for any reason (including an unfair or incorrect one) or no reason at all, even simply on a whim of a manager. So unfortunately yes, your boss may legally do this--since he/she could simply fire you without cause or warning if he wanted to, after all.


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