Legal Question in Business Law in California
Employment termination
Can an employer in the State of California fire an employee when they take a sick day if they have not taken them in the past?
Asked on 2/19/09, 2:33 pm
1 Answer from Attorneys
Adam Telanoff
Telanoff & Telanoff
Re: Employment termination
California is an at-will state.
This means that an employer may fire any employee at any time, for any reason or for no reason at all.
There are a few exceptions:
1) If there is a contract between the employer and the employee for a set term;
2) If the termination is the result of employee's membership in a protected class (age, sex, race, religion, national origin, etc.)
So unless the sick day was protected (such as for pregnancy or due to a disability) the employer can terminate.
Answered on 2/19/09, 5:46 pm