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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11877
Experience:  Significant experience in all areas of employment law.
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My state job is trying to write me up for not providing continuous Active Treatment to cli

Resolved Question:

My state job is trying to write me up for not providing continuous Active Treatment to clients I was assigned. Is it humanly possible to provide continuous interaction with others for 8 staight hours?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.

LegalPro54 :

Hello and thank you for entrusting me to answer your question.

LegalPro54 :

I'm sorry to hear about your difficulties at work.

LegalPro54 :

What specifically is the legal question you would like me to address? Also, to be clear, is this a government position?

Customer:

Yes I'm a Psych Tech for state of California

Customer:

verbal warning I was in the group room and a unit supervisor said I failed to provide continuous active treatment to clients

LegalPro54 :

Thank you.

LegalPro54 :

Employers, even government employers, typically have the freedom to discipline employees for any reason that they see fit.

LegalPro54 :

However, public employees enjoy certain special rights.

LegalPro54 :

If you are a "permanent status" public employee, you can only be terminated for certain forms of misconduct.

LegalPro54 :

You would be entitled to a hearing before any adverse employment actionc ould be taken against you.

LegalPro54 :

Regardless of whether you are a permanent status employee or not, you have do have a right to review your personnel file and object to any of its contents.

Customer:

I just didn't like the word continuous

LegalPro54 :

California law actually requires that employers allow employees and former employees access to their personnel files and records that relate to the employee’s performance or to any grievance concerning the employee. (Labor Code Section 1198.5) Inspections must be allowed at reasonable times and intervals.

LegalPro54 :

I completely understand your concern there.

LegalPro54 :

The best thing to do is provide a written rebuttal.

LegalPro54 :

Ask that it be put in your personnel file.

Customer:

I was given a verbal warning at this time but possible other action if it happens again

LegalPro54 :

Unfortunately, there really isn't too much that you can do about that aside from providing a rebuttal in writing (preferably in a tactful and very professional manner).

LegalPro54 :

In the event that adverse employment action were to be taken against you on the grounds of this conduct, you could reference your rebuttal at your due process hearing.

Customer:

Thank you I have a union but thet don't always help

LegalPro54 :

Unions have a fair amount of discretion to pursue certain employee grievances and not others.

LegalPro54 :

Often times that's simply due to their lack of resources, not their belief that you have not been wronged.

LegalPro54 :

I wish that I could provide you with more constructive advice, but I hope that the information I've provided gives you a more clear picture of your rights under this circumstance.

Customer:

Thank you for your input

LegalPro54 :

You're very welcome. Please kindly remember to "accept" my answer if you have found it satisfactory.

LegalPro54 :

Have a very pleasant evening.

Patrick, Esq. and other California Employment Law Specialists are ready to help you

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