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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
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Experience:  Licensed Texas General Practice Attorney
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If I am given a writen warning from my boss because of another

Resolved Question:

If I am given a writen warning from my boss because of another employee's complaint about me, Do I have the right to know whom filed the complaint.
Submitted: 1 year ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq : Thank you for using JustAnswer. I am researching your issue and will respond shortly.
ScottyMacEsq : Unfortunately, no, you don't (absent a written employment policy that would say otherwise). Florida is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion. So your employer can choose to keep this information quiet (even lie to you as part of the "discipline", believe it or not).
ScottyMacEsq : Now if there is some legal issues that arise from this (such as them firing you because of these "complaints") then you can file for unemployment and make them prove it.
ScottyMacEsq : You could also sue for defamation if the complaints were untrue, suing a "John Doe" and subpoenaing the records to get the actual name,.
ScottyMacEsq : But as for your right to this information absent some legal matter arising from it, unless there is a written contract or written employment policy that would say otherwise, I'm sorry to say that you would not have any right to know.
ScottyMacEsq : I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
Customer: Is it my right to know the dates these dates were filed?
ScottyMacEsq : No, for the same reason. I know it really stinks, but what they disclose to you, if anything, it entirely up to the employer. Now most of the time the employer will disclose a lot, but it's actually more common than not to keep the identity secret (otherwise there would be a "chilling effect" of coming forward with complaints)...
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 11715
Experience: Licensed Texas General Practice Attorney
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