Oakland, CA asked in Employment Law for California

Q: Is it legal to fire an employee after 10 years of good performance because he violated a company policy on it's 2nd day?

The employer had not done his part on the second day in regards to that policy. The employee didn't get any warning. The employer only verbally said the violation was the reason and never responded to the employee's email when the employee asked for clarification. Policy was effective on 1/2/2024. It was violated on 1/03/2024. The employee was on paid leave until 1/26/2024 when he was officially fired. The employee admitted his violation in the first couple of days after violation and was fired 3 weeks later.

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

A: I am sorry but there is nothing in your post that suggests any wrongdoing by this employer. Your employer has no legal duty to train you or warn you about policies. You can be fired for violating a policy you were never informed exists. You can be fired for any reason or even no reason at all.'

Good luck to you.

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

A: Under California law, employment is generally considered "at will," meaning employers can terminate employees for any reason, except for illegal reasons such as discrimination or retaliation, as long as there's no contract stating otherwise.

Maya L. Serkova
Maya L. Serkova
Answered
  • Orange, CA
  • Licensed in California

A: In California, all employees are considered at-will unless there is a contract to the contrary. At-will employment means the employer may terminate your employment at any time, with or without cause or prior notice, provided it does not violate anti-discrimination laws.

That said, however, if the employer terminates the employee because the employee requested and took paid leave, that would not be lawful. In a word, more facts would need to be known to determine if you have meritorious claims against your former employer.

I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

You can look either on this site in the Find a Lawyer section, in your local bar association, or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.

Sincerely,

Maya L. Serkova

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