He said he wouldn't write me up and then changed his mind due to an HR complaint

[Austinc51]

I live in virginia. To start things off the other day I accidentally left the latch off the back door when closing for the day. He wrote me up for this. Later he tells me that he isn't going to and I've worked two days since. Two days after the write up someone reported to HR and he decided to write me up for it days later and tells me that I may be terminated. If I was to have evidence of other employees with 4 or more write ups and I get fired for one, would that be lawful? I even have proof that the job he wants done is not possible in due time and due to threats of termination or demotion you would have to stay off the clock to get done and make labor or not do it at all and leave it undone, and in both cases your threatened by demotion or termination. Would there be any way he could fire me legally?

 

[FlyingRon]

He doesn't even need a reason to fire you (unless you're on a contract or some sort of collective bargaining agreement).

If you are not an exempt employee, you can't be asked to work "off the clock." You can file a complaint on that here http://www.doli.virginia.gov/laborlaw/laborlaw_forms_p1.html
Of course, just because you can't finish your work in the aloted time is not authorization to work overtime.

 

[Austinc51]

...

Right. I understand that virginia is not a right to work state. But if the reason for termination is for a write up can he write me up for something that has happened days previously. And only because HR was called

 

[Just Blue]

Right. I understand that virginia is not a right to work state. But if the reason for termination is for a write up can he write me up for something that has happened days previously. And only because HR was called

Yes**************.....

 

[eerelations]

Right. I understand that virginia is not a right to work state. But if the reason for termination is for a write up can he write me up for something that has happened days previously. And only because HR was called

I don't know what you mean by "right to work" - this means you can't be obliged to join a union in order to work. Do you actually mean "at-will" employment?

Regarding the write-up, there are no laws regulating employer write-ups. This means employers are legally free to write up their employees whenever they wish, and for whatever reason (including upon HR's recommendation).

 

[I'mTheFather]

Virginia is a right to work state, but that is completely irrelevant to your situation.

Your boss can fire you without any write-ups.

 

[Austinc51]

But if other employees are wrote up for the exact same thing and received different punishment doesn't that fall under wrongful termination?

 

[cbg]

No. Unless you have valid and supportable evidence, and I am talking about evidence that would stand up in a court of law, that you were treated differently from other employees BECAUSE OF your race, religion, national origin, or other characteristic protected by law, this is never going to be a wrongful termination no matter how many different ways you find to ask the question.

Wrongful termination does not mean what you evidently think it means.

While it it true that Virginia is a right to work state, that has no bearing on this question since that phrase also does not mean what you appear to think it means. What is more to the point is that Virginia is an employment at will state.

 

[Chyvan]

if other employees are wrote up for the exact same thing and received different punishment . . .

It just makes your termination look less like it was for misconduct, and at best, you just hope that if fired, you'll get UI as the consolation prize.