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RobertJDFL
RobertJDFL, Attorney
Category: Legal
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Experience:  Experienced in multiple areas of the law.
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I have worked for my company for 13 years and am now, with

Customer Question

I have worked for my company for 13 years and am now, with an umblemished record, being given a final written warning. Can they automatically give me a final without any previous write ups.
Submitted: 4 years ago.
Category: Legal
Expert:  RobertJDFL replied 4 years ago.
Thank you for your question. It depends on what company policy is. If you are working under a contract or union agreement or even company policy that provides you must be given 3 warnings before termination, then no. Arguably, in that situation, if you were to be later terminated, you could argue that it was a wrongful termination because the company breached their agreement/policy.

If there is no such policy or agreement/contract in place where you work, however, then your employer is free to set its own rules and may issue you an immediate final write up.


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DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.
Customer: replied 4 years ago.
So as long as we have a "step" process policy, which we do, they cannot put me automatically to a final.
Expert:  RobertJDFL replied 4 years ago.
Thank you for your reply.

That's correct, the company has to follow the policy they set. If the policy clearly provides that you must be given warnings in steps, then I would address this further with Human Resources or upper management.


Please click on the ACCEPT BUTTON for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you-no payment for my time and effort is made until you click accept. A BONUS TIP is also appreciated. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please click on REPLY (not "Re-list") and I will be happy to assist you further.

Remember that the correct answer is not necessarily always the one you may want to read, but it is important that I give you the most legally correct answer for your situation based on the facts you have provided, so please be courteous when deciding whether to accept an answer and when leaving feedback.


DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.

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