California Employee Write Up Laws

By Chris Heikaus Weaver

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Employment Laws

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Last Modified on Aug 22, 2025

Frequently, workplace write-ups are used by employers to log performance issues, misconduct, or other general violations. With that said, California is a little different. The state has specified rules meant to manage the write-up process—the how, when, and what. That is why it is crucial for workers and employers alike to have a solid understanding of California employee write-up laws.

Without question, this information can be influential when it comes to job opportunities—both current and future. If you believe you have received an improper write-up, the first step is getting a grasp of your rights as stated under California employment laws. If you’re looking to hire an employment lawyer, Aiken Campbell Heikaus Weaver, LLP can help.

Employee Write-Up Laws: A Full Breakdown

Contrary to many states, California has robust protections in place for employees. Employers can write up employees, but such write-ups are mandated to be conducted in a fair manner, following all local and federal labor laws. Of course, write-ups must never be used as a means of retaliation for any reason.

In FY 2024, the Equal Employment Opportunity Commission (EEOC) received 2,592 complaints of retaliation from California workers; the most of any other discrimination type. This shows how significant the issue is in the state.

Employees are also entitled to review and react to any documents in their personal file, for transparency’s sake, during cases.

The Rights of the Employee Under California Employment Laws

Thanks to California’s required accurate maintenance of employee records, you are entitled to do the following if you are written up:

• Request and receive a copy of the write-up for your recordkeeping.
• Respond in the form of writing to be included in your personal file.
• Challenge the write-up if you believe you were wrongfully written up.
• Pursue filing a claim or making a complaint with the California Labor Commissioner if you feel your rights were infringed upon.

What to Do When It’s Time to Hire an Employment Lawyer: Aitken Campbell Heikaus Weaver, LLP

At Aitken Campbell Heikaus Weaver, LLP, we have over four decades of experience advocating and fighting for the rights of our clients. Over the years, we have built a solid reputation in California for representing clients in cases against current and former employers.

We deliver skilled legal representation for those who have suffered injustices in the workplace. It’s important for employees to be aware of how they’re protected under state and federal employment laws.

It is also important to note that not every write-up can lead to a case, but certain indicators can be spotted to signal it’s time to reach out to our local legal team:

• If you are written up after filing a complaint for harassment, discrimination, or other concerns
• It’s blatant that disciplinary actions are inconsistently dished out across employees
• If you are written up in rapid succession without a legitimate reason
• If a write-up seems to be due to factors of protected characteristics—race, gender, disability, etc.

Contact an Employment Lawyer Today

We know write-ups can be frightening. California’s employee write-up laws are in place to protect employees from employer abuse. If you’re in a similar situation and are ready to contact an employment attorney, reach out to our team at Aitken Campbell Heikaus Weaver, LLP.