Legal Question in Employment Law in California
In our employee handbook we have the 'three strikes rule' before we get fired. Does this change terms of at-will employment and can one still be fired even if they have no strikes?
Asked on 6/29/10, 9:01 pm
2 Answers from Attorneys
No way to say for sure, but I would bet that it is written so that it does not change employement from at-will, and it includes the right to skip the three strikes if mangement deems it necessary.
Answered on 6/30/10, 12:12 am
Terry A. Nelson
Nelson & Lawless
IF the manual clearly says the 3 strikes overrides the at-will provisions, then you are entitled to that protection. Most manuals say the progressive discipline is at the 'discretion' of management, and at will still applies.
Answered on 6/30/10, 10:23 am
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