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Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16288
Experience:  13 years experience in employment law, unions, contracts, workers comp law
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I have been at my work years and i was written up at my work

Customer Question

i have been at my work for 16 years and i was written up at my work for not getting a spanish translayer, i was never told it was manatory to get one by telephone, even though his wife is a patient and said she woud be a translator for him, she never showed up. my supervisor never told me it was manatory,not just an option, i rescheduled him, then she tells me they got in trouble for not giving him the option. i feel they did not share this
this with me and i was written up after 16 years of dedication! do i have any options?
i
Submitted: 9 months ago.
Category: Employment Law
Expert:  Legalease replied 9 months ago.

Hello there --

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Even after 16 years of service, unless you are a union member (giving you recourse through the union) then you are an "employee at will" -- which means that an employer can terminate you for any reason or for no reason at all (the only time the employer has to give a reason is to the unemployment department if you apply for benefits after a termination and even then, the employer can simply refuse to give a reason but you will get the unemployment benefits -- the law requires the employer to give a reason for termination only to the unemployment dept if they want to deny benefits to the applicant). This is also true for getting warnings and written up for supposed infractions against the rules of the company. The company is free to determine who is to be written up and who is not to be written up. THe only recourse you have is if you can demonstrate that the reason why the employer is doing this is to discriminate against you due to your race, religion, gender, disability, age, or sexual orientation (the Civil Rights Act).

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My suggestion is that if you were not made aware of this policy until after the issue happened, then my suggestion is to ask human resources if they will permit you to add a statement to your personnel folder to that effect -- that you believe the write up was not justified due to the fact that you were not aware of the translator policy until you were informed after this incident happened. While it is not legally required for the employer to let you do this -- in many instances an employer will let you do so. Whether the employer does or does not let you do so, I suggest that you hold onto everything and anything that shows that you were in the right and hold it together in a file in the event that things get worse for you and you find yourself in a position of having to apply for unemployment.

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I wish I could tell you something differently here, but I cannot. Generally speaking unless you can show illegal discrimination under the Civil Rights Act, the employer holds all of the cards. Please let me know if you have any further questions. If not, can you please press a positive rating above so I will be given credit for my time. THANK YOU

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MARY

Customer: replied 9 months ago.
Thank you for you input, the only thing I might be able to do if something would to happen is my age,iam 56 and feel they think I would have a hard time finding a new job, I have been a faithful and loyal employee, and I don't like the feeling they have one over me!
Expert:  Legalease replied 9 months ago.

Hello again --

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If you believe that it might be an age discrimination issue (you can bring a case if you are over 40), you will have to show that they have made remarks about age and/or they are hiring younger people in key positions like yours. You can contact the Equal Employment Opportunity Commission (EEOC) to file a complaint and they will let you know if they want to pursue it at this time.

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Please press a positive rating above so I will be paid for my time. THANK YOU