Legal Question in Employment Law in California

do I have a lawsuit for being fired after sending an email to my staff concerning facts written in the LA times? It was based on a story about how California is bankrupt due to Illegal aliens. I did not comment or add any opinion - just forwarded the email as I do with many articles concerning the state we work in. One of my staff took offense due to her heritage.. I never meant to insult or offend anyone. It was purely informational. I was fired for "outside email abuse" it was my first offense ever. I have only received above expectation reviews. I have been asked multiple times to mentor other managers. I have not had any other HR complaints. However a few people who worked for me are resentful of all the changes I have made and holding them accountable for their sales production. I know that a majority of others use their email for outside research, news, etc... They have not been fired.. They tried to get me to push discrimination on me However I would never allow that to happen - I have friends of all races and I feel that I have been wrongly fired and this is an extreme result for a first offense.. I know of people in the company that have only been written up for a much stronger issue then email abuse..


Asked on 12/08/09, 11:04 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Unless you are covered by a union contract or a specific written employment contract, you are an 'at will' employee who can be fired any time for any reason. You used company property and time for non business purposes. That is adequate grounds to fire in any company's book. If you have written company policies to the contrary or that provide for administrative rights and appeals, then pursue an appeal under those policies.

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Answered on 12/14/09, 1:17 pm


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