Los Angeles, CA asked in Employment Law for California

Q: Can an employer fire an employee over a safety update they were never given?

Employer never sat down the employee, made sure they read it, understood it, had any questions about it and asked if they would sign.

This is in regards to theme park safety updates on attractions.

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In California, employment is generally at-will, meaning an employer can terminate an employee for any reason, barring illegal reasons such as discrimination or retaliation. However, if an employee is terminated for failing to follow a safety update they were never informed about, this could potentially raise legal concerns.

California law emphasizes workplace safety, and employers are required to provide proper training and updates to their employees, especially in industries like theme park operations where safety is paramount. If an employee is terminated for not adhering to a safety update they were never given, this could be seen as an unfair labor practice.

It's important to gather all relevant information regarding the communication and training procedures of the employer. If it can be demonstrated that the employer did not provide adequate training or failed to ensure the employee was aware of safety updates, the termination might be challenged as unjust.

If you're facing such a situation, it would be wise to document all communications and lack thereof regarding the safety update. This documentation could be valuable in any legal proceedings or negotiations with the employer. Consulting with a labor law attorney could also provide you with a clearer understanding of your rights and potential courses of action under California law.

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

A: The answer of Mr. Arrasmith is created by a computer using artificial intelligence and posted by a family law attorney. It is misleading and wrong.

He says "If an employee is terminated for not adhering to a safety update they were never given, this could be seen as an unfair labor practice." Poppycock. There is no case law or statute that would support such a statement.

Your employer has a right to terminate you for any reason or even no reason at all. The employer can terminate you for failing to do something it did not train you to do.

Be careful if you adopt a legal opinion generated through AI. It is flawed.

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