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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37855
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I was told by a so called manager two times in one day that

Customer Question

I was told by a so called manager two times in one day that the company truck was fixed and i hard time turning the wheel so i called the office and the girl that answered the phone said the guy that told me that it was fixed was out to lunch so i told her to tell him he needs to learn how to tell the truth and the truck is not fixed. But i kept going to make the delivery and i made it. then when i got back i asked an employee did he try to fix it he said i was a little angry and isad why does he have to lie about it.then as soon as i came in the next day he tells me i need to talk to you so it was only me and him and he told me i need to man up and if i have something to say to him to tell him to his face and to not tell other employees that he is to me that is a challeng to violence and he tried to make me sign a warning notice that said 2nd warning. and i never recieved a written 1st warnig and nobody was present when he spoke to me.he basicly made the yard mgr sign it i guess to say he tried to get me to sign it.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  LawTalk replied 5 years ago.
Good morning,

I'm sorry to hear of the situation.

I understand the situation that you describe, but I don't know what your question is.

Customer: replied 5 years ago.
i want to know if the warning notice is legal if he did not provide all the information in it and no one was present when we had this disscusion and i never received a written first warning so it is a false document correct.
Expert:  LawTalk replied 5 years ago.
Thank you for the information.

The problem that you face is that there is no such thing as an illegal warning by an employer. Warnings are not covered under employment law. You could be told that you must sign a document stating that this is your millionth warning---and if you don't sign it, you can still be fired or otherwise disciplined.

Yes, the document may be false, and incorrect, or even in error--but that doe snot make it illegal.

The ONLY time it would be important is IF your company has a policy that until you get "X" number of warnings, you may not be disciplined for something----and this is an extremely rare policy for a company to have.

Finally, if you were ever given a first warning for anything---even if it was not written down---the fact that the second warning was put in writing would not make it not the second warning---but rather just the first written warning.

At this point in time I don;t see that the legal system can help you. You will need to try and handle your grievance through he company---including speaking with the owner if that is possible, in an attempt to resolve the problem with the manager.

I hope you found my answer informative, even if the law is not in your favor, and that you will click on the GREEN ACCEPT and/or the HAPPY SMILEY FACE button above for my answer. Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures. Your question will not close, and you will still have the opportunity to follow-up if needed.

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Thank you.