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

UPDATED: Jun 13, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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