Can a employer give a write-up for something done off the clock and away from work?

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Can a employer give a write-up for something done off the clock and away from work?

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Asked on May 8, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you do not have an employment contract which specifies the grounds or process for discipline (or otherwise guarantees or protects your employment), you are an employee at will and your employer may write you up or otherwise discipline you--up to and including terminating you--for essentially any reason at all, including for something done "off the clock" and away from work. There is nothing illegal about sanctioning employees for inappropriate behavior, behavior which reflects badly on the company, or which violates company policy (e.g., if the company has a non-fraternization code, dating a coworker), even if such does not occur at work or during work hours.


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