Q: Can you get fired from your job/ sued for letting someone’s animal out accidentally?
My husband is a pest control man and he opened the back gate of a home to spray. The home owner was in the front yard and the garage open while talking on the phone. He leaves after he’s done his job and hours later gets called back because they think he left the gate open and the dogs got out after they let them back in the yard. No he’s worried his job will fire him or that the homeowner can sue or both. No one saw him leave the gate open. The dogs weren’t outside till after he left and didn’t get out till hours later. What are the laws or possible out comes of this?
A: Your husband can be fired for any reason, or no reason at all. They only prohibition on terminating employment is to do so for an improper purpose such as age, race, gender, sexual orientation, disability, etc. So, yes, he can be fired for letting someone's dog out, even if he did not do that.
Neil Pedersen agrees with this answer
A:
Unfortunately, there is nothing unlawful about firing someone for something that happened that was completely out of their control. It is unfair but lawful to terminate your husband because he accidentally let the animal out. In California an employee is considered to be employed at will, meaning the employee can be terminated at any time and for any reason or even for no reason at all. Unless your husband can prove he was terminated for an illegal reason, he will have no recourse. An illegal reason would be because of his membership in a protected class of people or because he had engaged in some kind of legally protected conduct.
Good luck to you and to your husband.
A:
If the customer falsely accuses your husband that he let the dogs out by leaving the gate open, and your husband can prove that the customer knew it was false when he made the accusation (that is a lot of tough stuff to prove) your husband can sue for slander, his damages would be his loss of wages, and any other damages flowing from that loss. This kind of slander is very difficult to prove, but there might be evidence that a good investigator could turn up. Don't plan on getting an attorney to take such a case as this on a contingent fee, you would be paying by the hour.
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