Can I legally be written up for something I said when I was off the clock and at my home?

UPDATED: Sep 30, 2022

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Can I legally be written up for something I said when I was off the clock and at my home?

I called work. Trying to let them know that I wasn’t going to make it in due to my having something personal going on. And I snapped at the person I was talking to on the phone because she wouldn’t listen to anything I was saying and she told me I was being written up. Can she legal do that when I was at my home and off the clock?

Asked on March 16, 2017 under Employment Labor Law, Arkansas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In an "at will" employment relationship, absent some form of actionable discrimination, a company can set the conditions of work much as it sees fit. This includes when and why to write-up an employee. Accordingly, unless this action violates the terms of an employment contract or union agreement, you have no claim here.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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