Is it legal for a manager to bring an employee in the office and accuse them of poor job performance when the job description was not finalized and being changed daily?

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Is it legal for a manager to bring an employee in the office and accuse them of poor job performance when the job description was not finalized and being changed daily?

The manager tells the employee that if this occurs again steps will be taken to disqualify the employee from the job. Also, in the meeting the manager tells the employee repeatedly that they have a history. Then the manager tells the newly hired sub-manager that the employee has a record file. Insinuating the same issue in the past. When in fact the employee of 21 years has never had any issues like this in his record file.

Asked on November 20, 2015 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

While what you describe is poor management and seems very unfair, the only real issue is whether or not you have a written employment contract. That is because without a written employment contract, all employment is "employment at will." Employment at will means, among other things, that a manager may discipline, demote, refuse to promote, transfer (or refuse to transfer), terminate, etc. an employee at any time, for any reason whatsoever--even reasons that are unfair or incorrect.


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