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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I was accused a a false allegation by a former employee during

Customer Question

I was accused a a false allegation by a former employee during his exit interview, and because it was a legal issue regarding gratuity, my employer is counseling me, even though I was not even working at this time. They claim I made an opinion that made the employee not receive his gratuity. They also informed me that if I do not sign my counseling form I do not have the right to view this form on my file. Is this correct and is this ethical conduct?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

Is the employer violating any of their own policies that you are aware of by counseling you and requiring that you sign the form?

Customer: replied 5 years ago.
Do you need more time?
Expert:  Tina replied 5 years ago.
No, I don't need more time. I was waiting for a response from you with regard to my question above and as follows:


Is the employer violating any of their own policies that you are aware of by counseling you and requiring that you sign the form?
Customer: replied 5 years ago.
Yes, we had a recent incident were the manager of the department held on to the gratuities of several associates, (due to the fact it was a larger gratuity) and included some one else, to claim a share of the gratuity that was no suppose to be part of the gratuity.
Expert:  Tina replied 5 years ago.
Thank you for the additional information.

If you refuse to engage in illegal activity, or report illegal activity by the employer, state law does normally protect you from retaliation by the employer for doing so.

I'm not sure that is precisely what occurred here, but if it is, if you refused to pay the gratuity to someone who was not entitled to receive it, then the employer should not counsel you in this matter typically and you could retain a local employment law attorney to communicate this to the employer to resolve the matter.

The employer is required by law to permit you to inspect and copy your personnel file by law typically and they cannot refuse to do so because you refuse to sign a document they present you.

However, if they are requesting that you sign the document indicating you have reviewed it, your signature would not normally amount to your agreement with the contents of the document.

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