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Formal Counseling- off the clock California

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  • Formal Counseling- off the clock California

    I got a formal counseling for unprofessional and disuptive behavior for something that happened before I was on the company clock. Is this legal?

    I was counseled for a conversation I had with other employee who was spreading rumors about me. I comfronted, in the department (10 minutes before cloking in) the individual and asked why she had done this. She went to my Director telling her that I continued my conversation and my comments escalated in both volume and intensity. It was stated that I became verbally abusive stating I said, I can say whatever the helll I want!" Which was untrue.

    I plan to file a grievance with the company VP but I need clarifation if this is something one can be legally formally counseled for? If it is not any comments on how I should put this into writing?

    Thank you

  • #2
    A company can certainly counsel you for an altercation that occurred with a fellow employee on company property. Heck, they can counsel you for something you did at the bar with your friends. In other words, nothing illegal has taken place by them "counseling" you for something you say you didn't do. And no, they don't have to investigate and take your word for what happened.

    My advice: ignore the stupid coworker that lives off of gossip. She obviously loves making drama and she's not worth the time. Concentrate on work and productivity and maybe someday you'll be promoted away from her. Or she'll just keep on digging herself into a hole until no one likes her.


    • #3
      I am not aware of any laws that limit what an employer may legally counsel you for.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


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