Desert Hot Springs, CA asked in Employment Discrimination and Employment Law for California

Q: Hello I recently got fired from Amazon due to an argument with an ex co worker who initiated an argument!!

Hello I recently got fired from Amazon due to an argument with an ex co worker who initiated everything and has gotten talked to twice about arguing with coworkers and when my first time being in trouble for the first time my 10 months of working there I got terminated after awhile Amazon appealed my benefits and we went to court and Amazon explain their side and so did I Amazon told the judge they fired me because I said get out of my face is this a wrongful termination/Dismissal??

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: Unfortunately, no. It might seem unfair to you, but unfair termination is not a legal claim.

In California you are considered to be employed at will unless there is an agreement to the contrary about that status with your employer. The employer of an at will employee can terminate the employee at any time and for any reason or even no reason at all.

Now, if you are in a union, there might be some protections through the collective bargaining agreement. See your union rep if that is the case.

Good luck to you.

Nancy J. Wallace agrees with this answer

1 user found this answer helpful

Nancy J. Wallace
Nancy J. Wallace
Answered
  • Grand Terrace, CA
  • Licensed in California

A: This isn't Workers Comp; just so you're clear, workers comp would apply if a co-worker CUT you. But not when a co-worker argues with you. An employer can fire anybody for almost anything...or nothing at all. If they write they fired you because of your Gender, Your Sexual Orientation, Your Religion, Your National Origin or Your Race, then that termination is prohibited. But you were terminated because you argued. They can do that. That's permissible. If you sustained a psychiatric trauma as a result of this arguing, it might be a work-related psychiatric injury...but everyone argues with a co-worker at some juncture and doesn't sustain psychiatric disability as a result, so it would likely be an unsuccessful claim

1 user found this answer helpful

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