What are my rights if I have a supervisor who is constantly writing me up regardless how little the mistake is?

UPDATED: Sep 30, 2022

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What are my rights if I have a supervisor who is constantly writing me up regardless how little the mistake is?

It seems that he has it out for me. Meanwhile with other employees that are under me basically have free reign to do as they please. They are ordered to do something and these junior employees, basically tell him, “No you do it, I’m not going to do it”. Among other responses which include the likes of, “Screw you, I’m not doing that sh**!”. Then they are all laughing about it. If I responded to him in this matter, I would be suspended without pay. Which has already happened before. They all hang out outside of work. I have been there 19 years now; this supervisor has 11 years there and the junior employees 6-7 if even.

Asked on January 31, 2016 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The only real issue, unfortunately, is whether you have a written employment (including a union or collective bargaining) contract which sets out rules for discipline or otherwise protects your job. If so, you can enforce it, as you can enforce any other contract (including in court, if necessary) against your employer. But if not, you are an "employee at will" and your supervisor may treat you unfairly, may write you up, may suspend you, could demote you or cut hours or change your job, and could even terminate you at any time, for any reason, including simply that he does not like you. When there is no contract, your employer may treat you as unfairly as he or she likes; and also, your seniority is completely irrelevant to the situation and not protect you.

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