Legal Question in Employment Law in California
My company has a policy that every customer that comes though the plant must be accompanied by company personel. They constantly allow customer to walk through unattended and conversing with or over hearing union personel say things that wouldn't be discussed if company employees were there. There were concerns of sabotage and an investigation but was determind that things were said as over opinionated and misunderstood but i was still punished for the matter and put on a one year probation. Any write ups durring this period is automatic termination if the company wouldve followed their policy the issue would never had come to pass. Can i have this removed from employee records ? Being they did not follow their own policies?
1 Answer from Attorneys
You indicated you were in a union. If so, they are your ONLY remedy, as you have no rights outsider the CBA, and no rights to bring legal action. File a grievance.
By the way 'union personel' ARE company employees. Maybe just not management. That statement may describe an attitude as to why you have this problem.
If you are not in a union contract covered position, the following applies:
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 terminated any time for any reason, with or without �cause�, explanation or notice. That is, UNLESS the conduct is actually based upon discrimination, harassment or retaliation as defined as �illegal� under the ADA , Civil Rights, FMLA, Whistle-blower, or similar statutes. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced. Now if the conduct was illegal under the above definitions, feel free to contact me for the legal help you�ll need
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