Legal Question in Business Law in California

As a salaried employee, can I be fired for refusing to leave my business cell phone on 24 hours a day, seven days a week?


Asked on 9/08/14, 12:18 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes ...... not because this is a good reason to fire someone, but because the employer doesn't need a good reason to fire someone. I sometimes tell clients that an employer can fire an employee for a good reason, or for no reason at all, but not for a bad reason ........ and the list of bad reasons is rather short, including such things as sexual preference, race, religion, marital status, ethnicity, and maybe a couple of others. (This general right-to-fire does not apply when the employee's status is protected by the terms of a written employment contract, which can be either a union contract or a personal one.)

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Answered on 9/08/14, 12:29 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Whipple. Let me add one bad reason to his list: Retaliation against whistle-blowers. That doesn't seem relevant to your question, but it's worth noting for other users who will see this page in the future.

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Answered on 9/08/14, 1:17 pm


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