Apple Valley, CA asked in Employment Law and Banking for California

Q: Co worker called and asked to do something that would have violated our ethics policy. I said yes. Can I be fired?

I was off the clock. Co worker called me at home. Asked about breaking the ethics rule. I told him if there was nothing else he could do then go ahead. Can I be fired with him if it comes to that? I did not commit the violation but I basically gave the green light.

Related Topics:
2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Can you be fired? Maybe. Insufficient information to make a determination since not possible to tell what kind of rule you are talking about, or that you advocated co worker to break. Does not matter if you are on or off the clock if you are advocating breaking the ethics rules. Ethics do not punch a time clock.

Justia Disclaimers below, incorporated herein.

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: In California you are considered to be an at will employee unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee can terminate that employee for any reason or even no reason at all. That means that knowingly counseling the violation of the ethics rule, or participating in that infraction can most certainly lead to your lawful termination. Even just knowing another violated the ethics rule and not telling the employer can get you lawfully terminated.

Good luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.