Home > Research Legal Advice > Employment / Labor > How long does an employer have to write up an employee in California.
Asked 4 months ago - San Francisco, CA
FlagThere was a scheduling miscommunication where I did not come to work because I believed I had been given the day off (the next week's schedule was not posted when I left for my days off). I believe I am going to be written up for this almost three weeks after the occurence.
Writing up is a custom and a business practice, not a legal matter. No law limits the time in which an employer can write you up.
A long period between the alleged offense and the write up would diminish its evidentiary value. One would question whether the employer got the facts right after so long a time and whether the offense was so bad that it took the employer three weeks to to a write-up.
Mr. Eschen is correct. For most employees, there is no time limit whatsoever on an employer's ability to present you with a written warning. There may be some union members who may have more protection arising out of their collective bargaining agreements, so if you are part of a union you should address this question to your union rep.
Good luck to you.
The previous attorneys are correct. The driving principle here is the principle of "at will" employment. Since "at will employees" can be fired or disciplined for any reason, regardless of whether the basis is fair, there are no laws which govern how that discipline must occur. Simply, it is not within the province of the law to tell employers how to discipline their employees.
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