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JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
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Experience:  Assisting employees and employers for over 14 years.
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what can be done about an employer who lies on a write up when

Resolved Question:

what can be done about an employer who lies on a write up when you have proof what they said was a lie
Submitted: 4 years ago.
Category: Employment Law
Expert:  JB Umphrey replied 4 years ago.

Thank you for using JustAnswer!

 

You can prepare a written response to the write-up, explaining what you believe to be inaccurate and ask that your employer include your response in your personnel file.

 

Good luck and best wishes for better days ahead. I hope that you find this information to be helpful and this answer to be ACCEPTable!

Customer: replied 4 years ago.
i was terminated from my job because i went to my car on my break to get my cigerettes they told me i wasnt allowed to leave the building. they said i left the parking lot and the gaurd said i didnt and gave a written statement saying i didnt others leave and go to their cars on break and lunch can they do this
Expert:  JB Umphrey replied 4 years ago.

If you did not have a written employment agreement or contract saying that you were a just cause employee, then, yes, they could do that. That is because you would be an at-will employee.

 

This means that you could quit your job at any time and there's nothing your employer could do about it.

 

That also means the reverse is true: your employer could terminate you at any time and for any reason (so long as it wasn't because of your race, age, gender, disability, national origin, religion, military veteran status, etc.) and there isn't a darn thing you can do about it.

 

An employer may dismiss an employee at any time for any reason; a good reason, a bad reason, or for no reason at all.

 

Now, does that seem to be unfair or unjust? You bet it does. However, it is not illegal.

 

That is the very nature of "at-will" employment. You serve "at the will" (or whim?) of the employer.

 

Of course different people can disagree as to whether or not the punishment fit the "allaged" wrong in your situation. But, when you're an at-will employee, your employer doesn't have to even go there. They could have fired you because they didn't like which hand you used to lift your coffee cup. They could have fired you because they didn't like the shade of green socks you wore to work. They could do this when you are an "at-will" employee.

 

Good luck and best wishes for better days ahead. I hope that you find this information to be helpful in better understanding where you may stand and why. I also hope that you find this answer to be ACCEPTable!

Customer: replied 4 years ago.
this is a union plant can they still do this the union is fighting this
Expert:  JB Umphrey replied 4 years ago.

Whether the employer can do it or not depends upon what the written policies are of the plant.

 

What it's going to come down to is (a) what are the policies, (b) what was instructed of you, (c) did you follow the policies, (d) were you insubordinate, and (e) are you improperly being held to a different standard than everyone else.

 

 

JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20232
Experience: Assisting employees and employers for over 14 years.
JB Umphrey and 5 other Employment Law Specialists are ready to help you

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