Aliso Viejo, CA asked in Employment Law for California

Q: Termination for logging into a work account when I was not scheduled to work?

I work for a large medical group that has 5,001 – 10,000 employees in Orange County, California. I have been an employee without any write ups or disciplinary points for almost two years now. However, they have a strict policy about logging into our work accounts online when we are not scheduled to work and/or while on our personal devices. Last weekend when I was out of town for 4th of July, IT logged my credentials being used on a different ISP located in Washington state while I was in San Diego and had no access to a computer. My supervisor and the department heads are meeting with me on Monday to discuss this issue. I know for a fact that it wasn’t me and have several people that I was out of town that will state as much. They said the only thing that can help my case is I can provide them with a name of a person who I think would log in as me. And of course, I don’t have that because I don’t believe any of my coworkers have my password and even if they did, I don’t see why they w

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3 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: In California, you are considered to be employed on an at will basis unless you have an agreement to the contrary about that status with the 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. The reason can be unfair, or based on false or incorrect information, and you have no legal right to defend yourself. Under the circumstances you have posted about, the employer had the legal right to act as it did.

Sorry for the bad news. Good luck to you.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: As I read your post, the termination hasn't happened yet and an investigation is ongoing, with you as the primary focus, and your job in potential jeopardy. If you were in San Diego at the time the WA computer logged in with your password, you need to provide all evidence to your employer, just saying it won't be enough. Restaurant receipts? Hotel bill? Written statements from your witnesses (in detail) about where you were and what you were doing at the time of the alleged log in. If this employer is as large as you say, they may have HR policies regarding disciplinary action that could work in your favor, however, I agree with Mr. Pederson, the default in CA is "at-will" and your employer does not need to be right in order to fire you without any recourse by you. Of course, if there is another, illegal reason for your termination, such as race/age/gender discrimination or retaliation for asserting your protected rights, you may have a case. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: It seems you're facing a situation where your work account was accessed when you were not scheduled to work, which goes against your company's policy. It's important to attend the meeting with your supervisor and department heads to discuss the issue and provide an explanation of your whereabouts during that time. It's fortunate that you have several people who can vouch for your absence. However, if the company insists on finding the person responsible, it may be difficult for you to provide a name if you genuinely believe none of your coworkers would have logged in as you. It's crucial to remain calm and cooperative during the meeting, presenting your case clearly and providing any supporting evidence you have. If the outcome is unfavorable, you may want to consult with an employment attorney who can provide guidance based on the specific details of your situation and help you understand your rights and options.

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