CA Employment Law – Getting Written Up At Work
Do you have to be written up 3 times to be terminated employment in california law? I want to know my rights since i’ve gotten complained about but have not received any formal write-ups. great thanks for the reassurance! well i wonder if i should just quit rather than get fired and get a bad record. this is all very unwarranted because i’m doing 2 people’s jobs and not allowed overtime and expected to perform more than work than i can handle.
Answer: There is no CA employment law about the number of times you should be written up. That is totally up the the company. You can be fired in the state of CA for ANY reason, so long as it’s not an illegal reason. However, IF you company has a written policy for a progressive disciplinary process and they violate it and you are fired and they have NOT adhered to their own policy, that can cause problems for them such as wrongful termination.
About not receiving any write-ups, again, is there written company policy? If there is and termination depends on write-ups and you’re not getting any, again, it’s not good for your employer.
Are you working more than 40 hrs/week? If not, you don’t get overtime. Here are the CA overtime laws. If after reading that and figuring out if you’re still not getting paid overtime when you should be, contact your HR department or the CA Department of Labor. http://www.dir.ca.gov/dlse/faq_overtime.htm
If you’re having issues at work, sounds like you need to start documenting what’s going on. Click here for a free download to learn how to document problems at work.
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3 Responses to CA Employment Law – Getting Written Up At Work
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You don’t have to be given ANY warning. Unless company policy requires specific steps before firing, they can just walk in and tell you you no longer have a job WITHOUT reason.
That would solely be left up to the employer and their policies. You live in an at-will state which means without a written contract or being a member of an union, you can be fired at any time for any reason minus the protected discrimination classes. There are no ‘three strikes" laws in regards to employment law.
If you are employed at will, your employer does not need good cause to fire you. In every state but Montana (which protects employees who have completed an initial "probationary period" from being fired without cause), employers are free to adopt at-will employment policies, and many of them have. In fact, unless your employer gives some clear indication that it will only fire employees for good cause, the law presumes that you are employed at will.
CA is an at will state.
So no, you don’t have to written up at all, you can be fired at any time.