Legal Question in Employment Law in California

Unfair write up

My boss just wrote me up unjustly, I do not agree with the write up. Now she wants me to sign the write up. If I don't sign the write up does she have the right to fire me? Should I sign the write up with a statement saying I do not agree and why I do not agree? How can I prevent this write up from coming back to haunt me when I look for another job? When my boss wrote me up she offered me a promotion in front of my hr representatives. I don't trust that she's offering me a real promotion because she is constantly lying to me about things like this. Is there some law that states if you write somebody up for the third time you have to offer them a promotion? (our company policy states that if you write somebody up three times they're fired and this was the third time she's written me up, however, she did not fire me) How can I assure that if I ask for the promotion she doesn't give me a demotion. She never said what the position was she wanted to promote me to.


Asked on 1/13/06, 2:19 am

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

Re: Unfair write up

It sounds peculiar that she would offer you a promotion while writing you up. I'm speculating that she just wants to get you out from under her supervision. There's no law, of course, that you be promoted after discipline. Yes, you can sign it under protest, and then you should provide HR with a statement of dispute to include in your personnel file. Keep a copy of everything, of course.

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Answered on 1/13/06, 11:58 pm


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