More details to this question:
I was given a final written warning if I have any Cash handling problem in the future. Im a manager with Panera Bread, and was told that I left the "Petty cash" envelope on the floor, outside the safe, where it is supposed to be. I was given a "final written warning." The warning stated that I can not have any issues with cash in the future or I can be fired.
There are Camera''s in the business and there is no video evidence that I left the "Petty cash" envelope on the floor, as was stated. I signed the write up because the General Manager informed me that the infraction was on tape, which it wasn''t. The video tape had a problem and nothing was recorded.
According to the "write up" I can be fired if there are any cash issues in the future, no matter how big or small, according to the "American Bread" standards. As big as stealing, or as small as not having the cashier sign their cashier slip.
I just want the written warning erased from my record, can you help?
1 ANSWER
Litigation Attorney serving Media, PA
at
Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C.
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There is no formal process for removing a written disciplinary warning from your employment file. That is a matter that is under the exclusive control and discretion of your private employer. And, as an "at-will" employee in Pennsylvania, you can be terminated from your job for good reason, bad reason, or no reason whatsoever, so long as your termination is not discriminatory or otherwise illegal. So, in this instance, if you were to be terminated for this petty cash incident, you would not be able to pursue a claim for wrongful termination unless you could establish that the employer fabricated the entire incident and/or falsified evidence of the infraction and used that excuse to terminate you because of either your race, sex, age, national original, disability or religion.
Michael J. Davey, Esquire
Eckell, Sparks, Levy, Auerbach, Monte,
Sloane, Matthews & Auslander, P.C.
344 West Front Street
Media, PA 19063
(610) 565-3700 x 271
mdavey@eckellsparks.com
www.paemploymentlaw.blogspot.com
www.eckellsparks.com
Answered on Aug 17th, 2012 at 4:18 PM