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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Hello, I am a manager and was accused of wrongdoing by head

Customer Question

Hello, I am a manager and was accused of wrongdoing by head manager in a manufacturing operation. I have detailed evidence of neglect by another manager.I did not cause the problem, on the contrary I took the initiative stepped up and finally controlled the outcome that could have been much worse. The head manager insists a verbal warning should go to my personal records. I am very concerned that this could potentially affect my carrier and opportunities of promotion in the organization. The other manager was also counseled but I do not understand way should I also be affected, when I detected and reported the problem in first place.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

What question o you have regarding your situation?
Customer: replied 4 years ago.
Are you working on a response? I cannot see anything
Expert:  Joseph replied 4 years ago.
I am awaiting your response to my question. If you typed a response it didn't go through, so could you please retype it.
Customer: replied 4 years ago.
What is your question, I cannot see it either. Thank you.
Expert:  Joseph replied 4 years ago.
My question is just what question you have regarding your situation? What information would you like to know?
Customer: replied 4 years ago.
Sorry I cannot read your question
Expert:  Joseph replied 4 years ago.
There may be a site issue that's preventing you from reading my question, but you seem to have received some of my other replies, so I'm not sure why the question would not be getting through.

The questions are below:

My question is just what question you have regarding your situation? What information would you like to know?
Customer: replied 4 years ago.
Ok, here I am sending third try, I would like to know given the fact I have plenty of evidence to show that the other manager was the root cause of this situation and I detected the problem and reported it, it is not fair to have a written counseling in my file, further preventing me from been promoted, causing a harm to my professional career. If no fair how can I request report not to be added to my file
Expert:  Joseph replied 4 years ago.
Unfortunately, as an at-will employee, your employer can enter a warning into your file, even if the warning is false or not based on evidence.

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922, which states:

An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month.

However, if a manger or another employee made any false statements about you that caused you to be unfairly disciplined, you would
have a cause of action against that employee for defamation for making false and damaging statements about you.

I sincerely wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question.

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