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Patrick, Esq.
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Category: California Employment Law
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I work in a indian casino in calif....for ten for

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I work in a indian casino in calif....for ten for no reason they're writing me up every other day. for little stupid stuff. no write-ups for nine 2 in three days. I have an o appointment with my boss today at noon. what should I do?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.
Hello and thank you for entrusting me to answer your question.

This is a difficult situation. Without an employment contract guaranteeing you employment for a specified period of time, employment in the state of California is presumed to be "at will." More specifically, California Labor Code Section 2922 provides that: "employment, having no specified term, may be terminated at the will of either party on notice to the other." This means that an employer is free to terminate or discipline employees for any reason, no reason, or reasons that appear to be unfair. When an employer threatens adverse employment action against an at-will employee, there is not much the employee can do except refute the allegations made against them.

Typically, it is a good idea for someone in this situation to respond to all allegations of poor performance in writing. Furthermore, you are entitled to inspect your personnel record pursuant to Labor Code Section 1198.5. You can request to review your personnel record so that you have a better idea of what the allegations against you actually consist of. For more information regarding personnel records inspections, visit this link:

If you believe that the write-ups are occurring as a result of performance problems stemming from a disability of some kind, make the fact that you have this disability known to your employer. For certain disabilities, your employer is obligated to engage in an interactive process to provide accommodations for your disability and cannot immediately terminate you for performance issues caused by the disability.

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

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