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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11770
Experience:  Licensed Texas General Practice Attorney
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Can your employer fire you for not signing a write up

Resolved Question:

<p>I really need to know the answer before 8 am eastern time, before I am made to sign something I may not have too. Thank you so much for your time.</p><p>Can your employer fire you for not signing a write up? I am asking because I was written up for something I did on my free time on my own free will. I did not violate any laws. I do not have an employee handbook, however, I have told them I didn't have one and they have yet to give me one, I have been an employee since May or June of 2010.</p>
Submitted: 3 years ago.
Category: Legal
Expert:  ScottyMacEsq replied 3 years ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

What were you written up for?

ScottyMacEsq :

And are you a contract, governmental or union employee?

Customer :

I am an employee for Days Inn of Madison Florida. I am not sure what kind of employee that would make me.

Customer :

I was written up for going to a guests room after I clocked out and allowing him to use my computer

ScottyMacEsq :

Why would you not sign this write up?

Customer :

I have asked several employees here about the situation and they said that they do not remember reading anything about not being allowed to go to the guests room.

Customer :

Because I did not do anything wrong. I was on my time, and I feel that what I do on my time is my business. I will have the choice to sign or not sign this write up this morning

Customer :

I was suspended for three days

Customer :

Please correct me if I'm wrong

ScottyMacEsq :

Thank you for that. As a private employee without an employment contract or a union, that means you're an "at-will" employee. 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...).

ScottyMacEsq :

So what that means is that they can terminate you for not signing a write up (even though you did not actually do what the write up says you did, etc...)

ScottyMacEsq :

Now ask them to show you where the policies, handbooks, etc... say that what you did was wrong. But note that they can still terminate you.

ScottyMacEsq :

This is the nature of the at-will relationship.

ScottyMacEsq :

Now there's the possibility that your employee handbook states that you will be terminated only for cause (but this is unlikely). If this is the case (again, very unlikely) then they would have to essentially prove that you did something wrong.

ScottyMacEsq :

So yes, they can terminate you if you refuse to sign this writeup.

ScottyMacEsq :

Did they tell you that you won't be fired if you do sign?

Customer :

yeah

Customer :

well sort of

Customer :

she said that normally, they fire an employee for doing whatever it was that I did, but that they were only going to suspend me for three days and told me to sign the write up when I come back

Customer :

I honestly did not know, and I am not the only one who works for this company who needed to know.

Customer :

but I assure you, I will sign this write up. I just wanted to know the law for future reference.

Customer :

never been written up before, so not used to it

ScottyMacEsq :

I understand. Make sure that you read the entire writeup. Make sure that it doesn't waive any rights to seek unemployment compensation should they terminate you (this would likely be unenforceable, but better to avoid the hassle in the first place).

Customer :

I will definitely do that. thank you so much for your help. I greatly appreciate it. You have a very blessed day.

ScottyMacEsq :

My pleasure. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11770
Experience: Licensed Texas General Practice Attorney
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