Legal Question in Employment Law in California

Does contradicory attendence policy hold up in court in California?

Company policy states:

Progressive disciplinary action steps will be taken as follows for :

1. Every three(3) occurrences within a 90 rolling day period will generate the following:

First Disciplinary Action Warning

Second disciplinary Action Warning

Final Written Warning - Suspension Pending Discharge

Note: all warnings over twelve(12) months old drop out of consideration in the next disciplinary action step taken.

This policy seems to contradict and obfuscate itself.

If an employee is written up two times and then well over 90 days later is fired for attendance issues that may or may not have been the employees fault. And there was no final write up just termination. Was the employee discharged without cause?

The employee was under the assumption that they would have to be written up three more times to be discharged for misconduct.

Thank you


Asked on 8/09/07, 8:04 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Does contradicory attendence policy hold up in court in California?

Unless there's a collective bargaining agreement, the employer can fire you for no reason at all or any reason, so long as it's not illegal and certain other exceptions, as you are an at-will employee. One might argue that you have a written contract that states that if you're disciplined for attendance issues, they have to adhere to the attendance provisions in their written policy. Whether you get sympathy from a jury (or a lawyer) is another question.

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Answered on 8/09/07, 8:12 pm


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