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Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 101933
Experience:  Years of experience in running a medium sized law firm.
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I work in non profit organization for 5 years excellent

Customer Question

Good afternoon I work in non profit organization for 5 years excellent reputation. 7 months ago I took over a position overseeing section 8 housing I received minimal training. I made a dat entry infraction which resulted in the performance report to drop. I transferred to another position within the company. I was informed that I may be written up for this infraction 7 months later, Can they blemish my record. I have never seen discipline for anything all of my evaluation have been good. Please advice.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Florida, Miami
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Yes full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 7 months ago.
Category: Employment Law
Expert:  Ely replied 7 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. On this website, I do not always get to give good news, and this is one of these times.

An employer generally has the right to terminate or to write up an employee FOR ANY REASON.

The only reasons they cannot do this for are:

-PUBLIC POLICY (discrimination based on race, religion, creed, etc; or, a retaliatory termination due to a claim made by an employee); or
-CONTRACT POLICY (if one has a contract that disallows such a termination)
-COVENANT OF GOOD FAITH (firing an employee to avoid paying a benefit, for example)

Otherwise, an employer can terminate or write up an employee for any reason, without notice. It can be based on a mistaken rumor, or, just the fact that they do not like your shoes one day. You will hear "right to work" a lot. However, that does not mean what people think it means. All this means is that at time of being employed, the employee has a choice whether or not to join a union as a condition of employment. And the same applies to non-profit as well.

As such, while what the employer did was not fair, it was not unlawful. You cannot demand to have the write up "stricken," for example.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 7 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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