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Fired in Violation of an Employer's Warning Policies

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  • 01-03-2017, 10:03 PM
    lawfacts
    Fired in Violation of an Employer's Warning Policies
    An employer in California has an attendance policy that, if violated, can result in termination. However, the employer also has a policy of issuing oral and written warnings for misconduct before an employee is terminated. An employee violated the attendance policy and was fired, but the violations occurred over an extended period of time and the employee was not warned that he was about to cross the maximum number of call-in violations before being terminated. Isn't the employer required to follow its warning policy before firing the employee?
  • 01-03-2017, 11:06 PM
    Mr. Knowitall
    Re: Fired in Violation of an Employer's Warning Policies
    Absent a bona fide employment contract or collective bargaining agreement that requires the policy to be filed, the employee's violation of the policy will not support a cause of action against the employer -- it won't be a basis to recover damages or to get the job back.

    If the policy is being applied in a discriminatory manner based upon an employee's protected status (e.g., discrimination based upon race, color, religion, ethnicity, sex, age (>40)), with other employees not being terminated for violating the attendance policy until at least one warning was issued, a wrongful termination claim might be possible on that basis.
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