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Joseph
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Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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my question is can you be written up while you are not clocked

Resolved Question:

my question is can you be written up while you are not clocked in on the job. Say you can in to get your check and an other employee files a complaint. And your boss is petty and writes the complaint up is this legal?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello Cindy,

Unfortunately, as an at-will employee, your employer can write you up at any time for any reason with or without any prior notice, including when you are not on the clock and are just coming in to pick up a check.

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922, and 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 you believe that the allegations against you are false, you can file a defamation lawsuit against the employee for making the complaint against you.

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

Please let me know if you have any follow up questions.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 4895
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


I may have follow up questions, anyone there proficient in human resources? My HR friends keep telling me this is wrong and that if I am not on shift, this man is not my boss unless I am on the clock.

Expert:  Joseph replied 1 year ago.

Hello Cindy,

Unfortunately, while your friends may be proficient in human resources they are not knowledgeable in employment law. (The difference being that they can comment on what is right and wrong, but have no knowledge of what's legal or illegal under California employment law).

 

There is nothing illegal about being written up while you are not on the clock. Your boss definitely should have waited till you returned to work to write you up, but he violated no law in failing to do so.

However, if appointment to be written up took longer than fifteen minutes, you would be entitled to be compensated for that time.

Joseph, Lawyer
Satisfied Customers: 4895
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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