Legal Question in Employment Law in California

My Son-In-Law (SIL) got suspended today from his job. He was called into his boss's office and approached with a situation that never took place. My SIL gave his recount of what happened and his boss noted that he was getting 2 sides to the story but was going to take the other person's word and suspend my SIL. My SIL got no paperwork with this and had no chance to sign any suspension papers or write down his version of what transpired. Is this legal? Shouldn't he have been given a Write Up and been able to fill out this paperwork giving his recollection?


Asked on 1/27/10, 3:27 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Was this good management? No. Was it legal? Yes. Employees do not have due process rights in private employment (I am assuming there was no union contract here), therefore, they do not even have a right to document their side of the story. Most employment can even be terminated at the will of either party, with or without cause.

Your SIL does have the legal right to review his personnel file, so he knows what is in it. He can ask to write his version of events and have it placed in his file, but the file is the property of the employer, so it is completely up to management to decide if it is permissible.

It helps to be familiar with any personnel policies, such as those which may be contained in an employee handbook. He can also discuss the matter with the HR manager for further direction.

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Answered on 2/01/10, 4:29 pm


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