Corona, CA asked in Employment Law for California

Q: I received a final warning at with without knowing, I didn’t receive any paper work in my email, I didn’t sign anything.

At work I supposedly received a final warning. I found it on my record. But I didn’t get an email or I didn’t sign any paperwork. Is this discipline valid??

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2 Lawyer Answers

A: Yes, it is "valid." If the employer wants to put a final warning in your file without telling you, it may do so. What effect that would have would depend on things that have not yet happened in the future. As unfair as it seems the employer can put all sorts of documents into your file about you and your conduct. However if in the future the employer wants actually use those documents it will have to deal with your testimony that it was never communicated to you. What good is a warning that does not warn? Good luck to you.

James L. Arrasmith
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Answered

A: If you were not informed of the final warning or asked to sign any paperwork, this situation may raise concerns about the fairness and transparency of the disciplinary process. Typically, an employer is expected to communicate any disciplinary actions clearly, provide the reasons for it, and ensure the employee acknowledges receipt. If you did not receive such communication, it might be worth questioning the validity of the warning.

It is important to review your employee handbook or company policy to understand the procedure for disciplinary actions. Most companies have protocols that outline how warnings should be issued, documented, and communicated to employees. If these procedures were not followed, you may have grounds to challenge the warning.

Consider discussing the situation with your HR department or a supervisor to clarify why you were not informed. You could also ask to see the documentation related to this warning to understand what led to this decision. If necessary, you may want to seek further advice on your rights and possible next steps.

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