Legal Question in Employment Law in California
I am in California. I have an employment law question. We are a medical practice. I have an employee who is on maternity leave. She is not medical personnel. While on leave she ordered medications in large quantities (a bottle for office use of 100 pills), for her personal use. She called our sales representative and ordered directly with no authorization and told him to deliver them to her home. The rep is her friend and allowed the order to be placed. He had planned to intercept the order before it arrived at our office so he could bring it to her home. Both the employee and the rep have admitted to wrongdoing. Is this grounds for immediate termination?
2 Answers from Attorneys
It is dangerous to ask whether it is legal to fire someone, based on a one paragraph statement from an anonymous source, over the internet. If you do so, relying on such advise, leaving out pertinent information, you could be setting yourself up for a lawsuit. That is why it is critical to pay for the advise with an attorney who will take the time to ask important questions before advising you whether to fire someone while on maternity leave.
In the most general terms I can provide, if it can be proven that an employee has committed a crime in the course of their employment, of course, they can be terminated. But I would urge you to review the evidence with an attorney before you act.
For such misconduct and possibly illegal behavior, suspension, discipline and termination are clear options. Suggest you consult with employment attorney before deciding. If serious about doing so, feel free to contact me.
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