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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11062
Experience:  Significant experience in all areas of employment law.
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I was wrote up to work early without management.

Customer Question

I was wrote up for coming to work early without management. No verbal no nothing. Did not even know why I was written up. There is no management in the am for a least an half hour or longer. My shift is 7 to 330. But at that time I was working a 3rd shift job getting there at 430 or so. The am coworker gets there about 445 or 5. I'm sure management doesn't report the time that she is late because she writes in her own time. Is this allowed No verbal?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 6 months ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. As a general matter, no laws govern how an employer may discipline you. This is so because employment is "at will" absent an express agreement to the contrary or membership in a union. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true. So, since you could be fired for coming in early, even if other employees are doing it and even if you were never told not to, your employer can write you up for it. They need not follow any procedure or process for doing so, and they need not give you a verbal warning first. It sounds a bit harsh, but as an at will employee, your only true job protection is to ensure that your employer continues to want to employ you. This means doing the best you can to follow their directions and maintain a positive working relationship, even when your employer makes that difficult, as they have clearly done here. I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
Expert:  Patrick, Esq. replied 6 months ago.
Were you able to view my answer?

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