If I wasn’t informed of the policies and procedures for my company and I got a written warning for something they are saying I did wrong, what are my rights?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I wasn’t informed of the policies and procedures for my company and I got a written warning for something they are saying I did wrong, what are my rights?

My company never gave or went over or had me sign policies and procedures. Now they are stating that i am making personal calls on the company cell phone. I admit my husband and family have called me on it due to me being in the hospital but I never used it for my personal phone. They are also saying that I used the company computer for personal reasons which I did not and they want me to sign a written warning. Do I have to sign it if if didn’t know the policy or procedures of the company?

Asked on April 18, 2012 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you do not have an employment contract, you are an employee at will. An employee at will may be disciplined--which includes everything from being written up, through pay cuts, demotions, transfers, or suspensions, all the way to termination--at any time, for any reason, without warning. Therefore, your employer could simply choose to fire you, if it feels you are using the phone or computers for personal reasons, and they do not have to prove that you actually did that--it's enough if the employer wanted to fire you. Since they could simply fire you, they could instead require you to sign the warning and fire you if you do not. Without a contract, there is no legal obligation to warn you of policies first.


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 lock Secured with SHA-256 Encryption