What can I do if my employer writes me up and sends me home for having vehicle trouble?

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What can I do if my employer writes me up and sends me home for having vehicle trouble?

I am a pizza delivery driver and on my way to work, my breaks went out. I made it to work on time, however, my boss sent me home and wrote me up for not being able to make deliveries. What can I do? This does not seem right.

Asked on November 16, 2011 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, it doesn't matter whether or not it is right. Unless you have an employment contract to the contrary, setting out the grounds and the process for disciplinary action, your employer is free--as part of its power to determine terms and conditions of employment, and make decisions as to who shall be employed, for what compensation and in what capacity--to discipline employees for any reason it deems appropriate, so long as it is not discriminating on the basis of race, religion, sex, age over 40, or disability. And as part of its power to discipline, it can write people up and send them home. Without an employment contract, you have have almost no rights in your job; your employer may take any action, up to and including termination, against you at any time, for almost any reason. As stated above, whether it is fair or right to do so does not enter into the discussion.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, it doesn't matter whether or not it is right. Unless you have an employment contract to the contrary, setting out the grounds and the process for disciplinary action, your employer is free--as part of its power to determine terms and conditions of employment, and make decisions as to who shall be employed, for what compensation and in what capacity--to discipline employees for any reason it deems appropriate, so long as it is not discriminating on the basis of race, religion, sex, age over 40, or disability. And as part of its power to discipline, it can write people up and send them home. Without an employment contract, you have have almost no rights in your job; your employer may take any action, up to and including termination, against you at any time, for almost any reason. As stated above, whether it is fair or right to do so does not enter into the discussion.


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