Legal Question in Employment Law in California
Abuse
One of my employees became physically abusive. As a result, I had to call the police and file a restraining order. He was never formally fired and now he's trying to collect unemployment which requires a statement on my part. Can I legally fire someone if they pose phisical harm?
Asked on 7/16/01, 10:41 pm
2 Answers from Attorneys
Ken Koury
Kenneth P. Koury, Esq.
Re: Abuse
The advice given to you is not exactly correct. In CA you don�t need a reason to fire anyone you want to fire.
Answered on 7/18/01, 11:12 pm
David Harrison
Spivak & Harrison
Re: Abuse
Yes, you can legally fire someone if they pose a physical harm. Be sure, however, that you have reason to believe that there is a possibility of harm posed by the employee.
David G. Spivak, Esq.
Spivak & Harrison, LLP
10100 Santa Monica Blvd.
Suite 800
Los Angeles, CA 90067
Tel (310) 772-2274
Fax (310) 772-2273
www.shlawyers.com
Answered on 7/17/01, 11:39 pm