Hello again,

Thank you for the information, it was helpful. Unfortunately the situation is that unless your boss violated a company policy in the way in which they issued your write up, there really isn't a legal issue here. I understand that you have said that the policy you were written up for was only written a few days before you were written up. However, as unfair as that may seem, it isn't really a legal issue as much as it is a management issue. In other words, there is no law in Virginia that employers must give their employees any write ups at all before taking adverse employment actions, including Termination. So, if an employer does give employees more rights in the form of write ups, then the employer gets to set the rules for how they are done. If you don't believe your boss followed company rules, then you need to speak to HR or whoever you can appeal to in these cases. Otherwise, unless you are alleging that you are being targeted because you are a member of a protected class under employment discrimination laws, there really isn't legal recourse.

I realize that this is necessarily fair, but that is the law. Please let me know if you need any clarification about what I have said.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Kindly rate me based solely on my assistance to you in understanding the law, and not based on whether my answer is what you were hoping to hear or for Site issues, which I have no control over. I, unfortunately, have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law. Please reply to me and let me know if you are having difficulty with the rating system or even seeing it. Thank you.

I understand your sentiment. However, if you believe decisions are being made because of ethnicity, then you need to file a formal complaint with your HR department. If they cannot resolve the issue, then you can file a discrimination complaint with the EEOC. "At Will" employment is not very favorable to the employee, so no, unless the employer violates their own policies and then terminates you, there wouldn't be any legal recourse. If they do violate their own policies and you are terminated, then you can file Wrongful Termination case based on breach of implied contract.

Yes, under the law, you must exhaust your administrative remedies with the employer before you can file a discrimination complaint with the EEOC,which you must do before you can file suit. Each step is a necessary step. That means that your employer via HR or your EO office must be given an opportunity to resolve the issue. When they don't, you can go to the next step with the EEOC.