Legal Question in Employment Law in California
Hello. I am in California. Recently, I gave a written warning to one of my staff members, outlining the reasons for the disciplinary action with documented instances with dates.
During the counseling session, it appeared that she understood and accepted accountability of the issues that arose because of mistakes done by her (we almost lost a client). She signed the written warning indicating that she would like to respond in writing about the written warning. I had not signed the written warning as I wanted to view her comments. A day later, she sends a letter to respond to the warning, where she basically back peddles from what she said verbally during the session and basically lies about what had occurred including backdating items to show that her statements are true. Unbeknownst to her, I have actual documents at the time the incident occurred that contradicts her story.
Question to you, is that she had signed the written warning which acknowledges her receipt of it. However, I had not executed the document myself because I thought she was going to comment on the document and not on a separate letter. If I were to sign the document, does that indicate that I agree with her comments � or don�t worry my signature indicates that it was given to her?
2 Answers from Attorneys
It doesn't matter whether you 'sign' or not. Her response doesn't give her any 'rights', it merely states her position. You stated yours. You don't have to respond or agree to hers. Put it in her file and move on. If she needs to be disciplined or terminated now, or later, do so. Employment in CA is 'at will' unless she has a written contract stating otherwise.
Neither of you have to sign anything. If you signed, the meaning, if any, of the signature depends on what the document states. If she lied or is an employee who isn't working out, you can fire her at any time for any lawful reason. Those reasons include lying, poor performance, mistakes, etc. Unlawful reasons are if you fire her because she asserted a legal right (example: overtime pay) or because of her age, race, gender, religion, pregnancy, disability, etc. When you fire an employee, there are laws regarding when you need to pay them, etc., etc. You may be wise to pay an attorney for a 30 minute or 1 hour consultation which could be done easily via phone.
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