Legal Question in Business Law in California

Hi, I work with a reputable retailer as a computer tech. About a week ago, my store manager went on vacation and is still on vacation. Today I was given a write up by another manager for not following "policy". He wrote(not exact), Failure to provide "closed out paperwork" for a completed computer resulting in a customer service issue. The customer service issue was, a customer had come in wanting to pick up her computer, but both the associates that know how to print closed out paperwork were busy with other customers, keep in mind I timed myself for how long it takes to print out closed paperwork from our slow touchscreen point of sale systems at about 50 seconds to have it in my hands. She ended up leaving the store in frustration for the time she had waited, roughly 10 minutes. She came back to the store and supposedly gave said write-up writing manager a piece of her mind, thus he had to blame somebody for what had happened... that being me. After he read the reason for the write up it to me he got straight to the point and wanted me to either sign it or not sign it. I told him I'm not signing something I don't think I deserve. After I told him that, I asked him if this was "Company Policy" to have "closed out paperwork" with every completed computer. He responded saying that it WAS Company Policy, I shot back saying, well then show me the policy. Immediately after he told me to clock out and leave the store. I have 2 days off and the next day I'm scheduled the store manager will be present, is anything illegal going on? I didn't know managers could just make up there own policy 1 day and write you up for it 3 days later. Any help is appreciated.


Asked on 7/09/10, 2:44 pm

4 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

"Illegal?" NO. The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause� or explanation, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

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Answered on 7/09/10, 6:03 pm
Kevin B. Murphy Franchise Foundations, APC

The other attorney is right on point here. And you are dealing with temperamental managers. Don't rock the boat if you want to keep your job. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 7/10/10, 6:16 am
Anthony Roach Law Office of Anthony A. Roach

It's not illegal. It is just an issue of whether or not it is store policy, not a violation of state labor law.

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Answered on 7/14/10, 4:26 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

"Illegal" is not the right word. Let's try "unethical" or "dumb." I don't see anything you can sue about, but I see some evidence that this company is not well managed and may not last long.

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Answered on 7/20/10, 8:59 pm


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