Wife is facing termination

[donc]

California.
My wife is being accused of:
That she has spoken about her personal life to clients.
That she has spoken poorly about the preschool to clients.
That she has failed to fill out change logs of children enrolled at the day care center.
She can prove that she has filled out the change logs.
But it's her word against an anonymous employee who is saying that she has said these other things. She wants an opportunity to defend herself against the person slandering her.
Can we force the empoloyer to reveal the identity of the other person.
The employer appears to be selectively enforcing the rules in regards to the change log.
She is refusing to sign the write up against her and I'm cetain that it's just a matter of time before she is terminated.
She is concerned if she is fired with these unresolved accusations that it will hurt future employment opportunities in her chosen field.
Can my wife be fired based on what unknown persons are saying with out the opportunity to address their claims against her.
Can she continue to refuse to sign any write ups against her if she does not agree with them, with out being fired. Can she modify the write up stating that she is signing it under duress and does not agree with any of the statements in it with out being fired.
what are her options. Any helpfull advise would be welcomed, Thanks.

[Antigone*of*Greece]

Originally Posted by donc

California.
My wife is being accused of:
That she has spoken about her personal life to clients.
That she has spoken poorly about the preschool to clients.
That she has failed to fill out change logs of children enrolled at the day care center.
She can prove that she has filled out the change logs.
But it's her word against an anonymous employee who is saying that she has said these other things. She wants an opportunity to defend herself against the person slandering her.
Can we force the empoloyer to reveal the identity of the other person.
The employer appears to be selectively enforcing the rules in regards to the change log.
She is refusing to sign the write up against her and I'm cetain that it's just a matter of time before she is terminated.
She is concerned if she is fired with these unresolved accusations that it will hurt future employment opportunities.
Does she have a leg to stand on.What is the name of your state (only U.S. law)?

A leg to stand on for what?

[Zigner]

Originally Posted by Wirelessany1

A leg to stand on for what?

Standing in line at the unemployment office?

[commentator]

Oh, come on, nobody much has to "stand in the unemployment line" anymore!

But seriously, let's tell the guy, his wife has no recourse to an "unjust" firing if they decide they want to fire her. No 'we're going to fight this and keep my job!' because if they want to, they can.

Unemployment insurance is a good way to find out exactly what the evidence they have against this person actually is. And of course this comes up after the person is fired, and when there is a determination of "good misconduct reason to terminate" for unemployment purposes.

[cyjeff]

You wife works "at will".

This means that the employer, at any time and for any or no reason, can sever the employment relationship as long as the reason for that termination is not in direct violation of specific law.

Employers are not courts of law... they do not have to investigate the accusations or demand proof or evidence. They do not have to allow both sides of a disagreement to provide information and make a decision.

Different employees can be treated differently as long as the reason for that difference in treatment is not because of the employee's inclusion in a protected class.

None of that applies here.

[Hot Topic]

Nobody "much" has to stand in the unemployment line anymore? What planet are you living on?

[Zigner]

Originally Posted by commentator

Oh, come on, nobody much has to "stand in the unemployment line" anymore!

That's great news for our OP...particularly since s/he doesn't have a leg to stand on!

[pattytx]

It was the "standing in line" part that commentator was referring to. In nearly all states now, you can apply for UI benefits online or by phone and never have to go into the unemployment office.

[commentator]

Thanks patty, that's what I meant of course. You're now "sitting at home, holding the telephone" in line, not standing in front of the building, thank goodness! (You know it's not going to be a good day when you get to your work, and you can't find a parking place within two miles, and you can't get in the door because of the line of people!)

And in my 30+ years working with unemployment, I have never seen a pink slip, except once when an employer decided to print their separation notices on pink paper just because they thought it'd be cool.

I think many years ago, back when unemployment first came to be, there were actually little "pink slips" on pads that they passed out with a lay off.
But I do hate to hear the cliches, because I hate for people to feel in any way demeaned or slimed by having to draw unemployment. It is a good government program, not a handout or welfare or demeaning situation. I have seen many well meaning people want to come in and "give it back," many good people try to do without it until they had lost their eligibility. So I get on my little soap box.

[Country Living]

Originally Posted by donc

She is refusing to sign the write up against her and I'm cetain that it's just a matter of time before she is terminated.

Signing a write-up is usually an acknowledgement one read the document. Not that one agrees with the charges.

Where I worked there was a comment section right below the employee signature where the employee could make a brief statement. Refusing to sign the document was seen as insubordination and termination resulted.

[cyjeff]

Originally Posted by Country Living

Signing a write-up is usually an acknowledgement one read the document. Not that one agrees with the charges.

Where I worked there was a comment section right below the employee signature where the employee could make a brief statement. Refusing to sign the document was seen as insubordination and termination resulted.

Further, the refusal to sign such a write up usually IS reason for termination.

[Country Living]

Yep - each and every time.