California Employment Law

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I was verbally suspended from work yesterday, for a term of…

Customer Question
I was verbally suspended...

I was verbally suspended from work yesterday, for a term of one week. I was also told that I would be on probation when I come back, and that I need to take sensitivity and anger management course. I have not received any written warnings, and only 1 verbal warning, about 6 weeks ago. I have been with the co for almost 10 years. Is a written warning, and a written suspension notice required under CA law

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Ca

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Small business, less than 50 employees with 2 locations

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Full time

Submitted: 8 months ago.Category: California Employment Law
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11/13/2017
California Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,377
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately the law does not require written warnings. In fact, the law does not require employers to provide any warnings or feedback at all (though of course most good employers do). The reason is because employment in the state of CA is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

So, since you could simply be terminated with no notice for no reason at all, the law does not regulate discipline or writeups and it is completely up to the employer how to handle such matters.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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California Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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