Legal Question in Employment Law in California
Employee Performance Issues shared with other employees
Two items here:
1. I was written up for an alleged company policy violation. Prior to informing me of this write-up, my manager had informed most of the other employees of this alleged write-up. Is this legal for my manager to be discussing my performance issues with my colleagues? Is it legal for my manager to even discuss it with others prior to informing me?
2. The alleged write-up issue: At my company, we are to fill out a status report for each client, and give the status report to the client's parents. Someone had written up a status report with my name on it and then threw it away. My company is now claiming that I do not fill out the status reports and using this trashed sample as evidence. Note, the writing on this status report is not my writing. I also called the client to find out if they were given the status report (which they said yes). Can my company use this alleged status report against me to fire me, or to have any disciplinary action against me?
1 Answer from Attorneys
Re: Employee Performance Issues shared with other employees
As an 'at will' employee in CA, you can be fired any time for any reason - good, bad or none. Unless your private personal information was improperly disclosed, you would have no worthwhile claims. Telling other employees you got criticized, disciplined, or fired for performance or conduct, etc., is not personal info.
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