How should I respond to an improper reprimand from employer?

Get Legal Help Today

 Secured with SHA-256 Encryption

How should I respond to an improper reprimand from employer?

My employer sent me in an email a written reprimand. It did not include dates and specific details. I am accused of here say as the employer was not around nor is around daily to accuse me of such. We are a non profit organization so it is small and close. I did not receive oral conversation but I a do have a meeting with the executive director Monday. Should there be a witness present and shouldn’t I have dates and specifics before going to this meeting?

Asked on March 30, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is not a bad idea to have a witness around, BUT the employer does not need to allow you to have one--not unless there is some contract or union agreement in place which guarantees you this right.

Bear in mind, if you don't have an employment contract, you are an employee at will and may be fired at any time for any reason--even unfair reasons, or reasons based on hearsay. The simple fact is, the "due process" protections which you would receive in court do not apply to the workplace  unless there is a contract providing for them. So in a sense, no reprimand is "improper" if you are an employee at will--if the employer chooses to reprimand you, it can, regardless of the facts.

So you need to remember that you essentially have no rights--if you anger your employer, you can be terminated. Decide how you want to approach this meeting in light of that fact.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption