Do I need to see my 3 write-ups and sign them before being fired?

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Do I need to see my 3 write-ups and sign them before being fired?

I was recently working for a cell phone company and was let go because of 3 performance write-ups they said I had. However I had never been told or seen the write-ups. Can they do this? I told them a month and a half ago I was pregnant and I feel that is why they fired me. I would just like to know if it is worth it to fight this?

Asked on June 13, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The first critical question is whether there is 1) a personal emploment contract or agreement, between you and the company; 2) a union agreement covering your job; and/or 3) a VERY strong, clear policy statement in a employee handbook which does *not* contain the usual qualifiers, weasel words, or  limitations (i.e. no "nothing in this agreement creates a contract or employment," or "the policies contained herein may be changed at will"). If so, then if that contract, policy statement, etc. addresses this issue (discipline, firing, etc.), you may be able to enforce its terms in your favor.

On the other hand, if there is no explicit or even implicit agreement setting out a procedure or grounds for termination, you are an employee at will--the vast majority of Americans are employees at will--and may be fired at any time, for  any reason, by any procedure. Thus, in that case, there is no need for write-ups or to show them to you.


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