Ask The Lawyer

By Debra Roth

Q & A Session – Written Warning without Explanation

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

I was written up by my supervisor and not given much information about it. She stated she received complaints from other employees that I do not treat all employees the same, and that another employee reported an incident. When I asked for more detailed information, she refused to provide it.

A:

Since a written warning is not a formal disciplinary action, your supervisor is not required by law to provide you great detail on the nature of the complaint. Sometimes when accusations lack factual support, managers will issue warnings to caution the employee that if the unverified information was true, it could amount to misconduct. You have not provided any information in your letter as to why you believe you were subject to discrimination or retaliation. As such, I do not know if an EEO complaint would be appropriate. 

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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Comments

  1. Herbert Gary Maxwell Says:
    August 26th, 2013 at 3:40 pm

    I believe all accused have a right to confront their accusers. Based on the meager amount of information provided, I believe the accused will have the warning put into his personnel file. The placement of the warning in the file without revealing the name of the accuser (s) could allow others knowing how this procedure works to also add to the warnings letter. This could have the effect of permitting “jealous” and under-performing employees to gain promotion leverage over the accused. The law is the law but it is rather disconcerting to go into a court of law and see lady justice outside in the elements with the scale in one hand with her eyes covered. Law or justice-give me justice thank you.

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