Legal Question in Business Law in California

Can my employer force me to sign a write up for something I have not did.


Asked on 8/05/14, 9:10 am

2 Answers from Attorneys

Frank Natoli Natoli-Legal, LLC

This is a commonly misstated question.

No one can "force" you to do anything. What you are really asking is whether your employer can terminate you should you choose not to comply with the write up? And the short answer is yes, of course.

Unless you are working under a written contract that has terms that govern termination and require just cause, you are an "at will" employee. This means that you can be terminated at anytime for any or no reason just like you can quit at anytime for any or no reason (save for discrimination of protected classes, like race or religion, which is not applicable here).

So at the end of the day it matters not whether the employer is justified or perhaps even dead wrong. Of course, you may qualify for benefits if terminated and if you believe you are a victim of some kind of retaliation or discrimination, you should discuss with an employment lawyer in your area that works with employees.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 8/05/14, 9:21 am
Terry A. Nelson Nelson & Lawless

Unfortunately, not only are there no laws in CA against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without �cause�, explanation or notice. That is, UNLESS the conduct is actually based upon discrimination, harassment or retaliation as defined as �illegal� under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced. Now if the conduct was illegal under the above definitions, feel free to contact me for the legal help you�ll need.

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Answered on 8/06/14, 12:11 pm


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