The first thing I always recommend doing is writing a letter to challenge their side of the story whenever you are written up. Explain why the write-up is unfair and why you were prevented from getting approval for overtime.
For the future, don’t sign their write-ups. Instead, write your own letter acknowledging that you received the write-up but don’t agree with it, and sign that instead.
When deciding whether to quit or let them fire you, here are some considerations:
1. Likelihood of finding another job quickly.
- If you think you can find another job soon, it’s often better to resign rather than have a termination on your record.
2. Unemployment eligibility.
- If you quit, it’s difficult to qualify for unemployment unless you can show “good cause.”
- Unfair write-ups likely wouldn’t be considered good cause.
- If you’re fired for misconduct, you generally don’t qualify for unemployment — but you can challenge that determination by explaining your side to the labor board.
- You might also consider negotiating a separation agreement: if you voluntarily resign, the employer agrees not to challenge your unemployment claim.
3. Severance pay.
- Check whether there’s any severance available if you agree to resign voluntarily.
4. Discrimination concerns.
- Consider whether these write-ups might involve discrimination. Are they applying the rules evenly? If not — and you believe discrimination is based on race, gender, age, religion, sexual orientation, or disability — you may have leverage to negotiate a severance or even file a discrimination claim with the state.
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I need help for my job — I’ve been getting unfair write-ups.
I’m sorry to hear that you’ve been experiencing unfair write-ups at work. Have you discussed this issue with your HR department or supervisor?
No, because HR is for the company — and I live in California.
Can you provide more details about the circumstances surrounding these unfair write-ups?
I’ve learned that at every job I go to, I always end up being picked on by management. Some of the write-ups were out of my control. For example, for overtime we have to submit through a computer online, and it can only be approved by a lieutenant or someone of higher rank. They wrote me up because no one approved my overtime.
Is there anything else the employment lawyer should know before I connect you? Rest assured they’ll be able to help with your unfair write-ups.
Yes. I want to know if I should just resign because they’ve written me up four times already. Also, a vehicle and bar struck me in my face and I went to the local hospital — I was wondering if I have a case.
Hello, this is Anne B. I’ve been a California attorney for many years, and I would be happy to help you.
I understand your concern — with four write-ups, your employer may be considering termination. Have they said anything yet suggesting they’re thinking of firing you?
The first thing I always recommend doing is writing a letter to challenge their side of the story whenever you are written up. Explain why the write-up is unfair and why you were prevented from getting approval for overtime.
For the future, don’t sign their write-ups. Instead, write your own letter acknowledging that you received the write-up but don’t agree with it, and sign that instead.
When deciding whether to quit or let them fire you, here are some considerations:
1. Likelihood of finding another job quickly.
- If you think you can find another job soon, it’s often better to resign rather than have a termination on your record.
2. Unemployment eligibility.
- If you quit, it’s difficult to qualify for unemployment unless you can show “good cause.”
- Unfair write-ups likely wouldn’t be considered good cause.
- If you’re fired for misconduct, you generally don’t qualify for unemployment — but you can challenge that determination by explaining your side to the labor board.
- You might also consider negotiating a separation agreement: if you voluntarily resign, the employer agrees not to challenge your unemployment claim.
3. Severance pay.
- Check whether there’s any severance available if you agree to resign voluntarily.
4. Discrimination concerns.
- Consider whether these write-ups might involve discrimination. Are they applying the rules evenly? If not — and you believe discrimination is based on race, gender, age, religion, sexual orientation, or disability — you may have leverage to negotiate a severance or even file a discrimination claim with the state.
I hope this information is helpful. If you need to reach me again, you can find me by asking for Anne B. at the beginning of a new call or chat.
