California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
Hello and thank you for entrusting me to answer your question.
I'm sorry to hear about your difficulties at work.
What specifically is the legal question you would like me to address? Also, to be clear, is this a government position?
Yes I'm a Psych Tech for state of California
verbal warning I was in the group room and a unit supervisor said I failed to provide continuous active treatment to clients
Employers, even government employers, typically have the freedom to discipline employees for any reason that they see fit.
However, public employees enjoy certain special rights.
If you are a "permanent status" public employee, you can only be terminated for certain forms of misconduct.
You would be entitled to a hearing before any adverse employment actionc ould be taken against you.
Regardless of whether you are a permanent status employee or not, you have do have a right to review your personnel file and object to any of its contents.
I just didn't like the word continuous
California law actually requires that employers allow employees and former employees access to their personnel files and records that relate to the employee’s performance or to any grievance concerning the employee. (Labor Code Section 1198.5) Inspections must be allowed at reasonable times and intervals.
I completely understand your concern there.
The best thing to do is provide a written rebuttal.
Ask that it be put in your personnel file.
I was given a verbal warning at this time but possible other action if it happens again
Unfortunately, there really isn't too much that you can do about that aside from providing a rebuttal in writing (preferably in a tactful and very professional manner).
In the event that adverse employment action were to be taken against you on the grounds of this conduct, you could reference your rebuttal at your due process hearing.
Thank you I have a union but thet don't always help
Unions have a fair amount of discretion to pursue certain employee grievances and not others.
Often times that's simply due to their lack of resources, not their belief that you have not been wronged.
I wish that I could provide you with more constructive advice, but I hope that the information I've provided gives you a more clear picture of your rights under this circumstance.
Thank you for your input
You're very welcome. Please kindly remember to "accept" my answer if you have found it satisfactory.
Have a very pleasant evening.