Legal Question in Employment Law in California
Termination of employment
An employee is written up for not following company policy. After incident there is an agreement between management and union to review and remove documentation after a year if the employee has not had any other incident. If its past the year and union and management forget to review and employee is written up and subsequently terminated for having initial documentation still on file. Are here any laws that protect an employee from these types of situations?
2 Answers from Attorneys
Re: Termination of employment
The strange thing is, it's not the old documentation that sank the employee, it's the old conduct. Someone has a long memory at the company. The union still should protect the employee if the conduct wasn't that serious and did not warrant termination. It still can be grieved.
Re: Termination of employment
Did you talk to Union reprsentative about that. Within one year of termination you should complaint to DFEHA but before that you may have to exhaust other requirements of the Union before you can bring a private action against your former employer.
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