Legal Question in Employment Law in California
Can an employer in California start termination proceedings for an incident that took place over a year prior without any other type of disciplinary action or proceedings following the alleged incident? If appropriate please cite any California laws relating to this matter.
3 Answers from Attorneys
It totally depends on the situation. Am I guessing correctly that you have union or other protection, or, is this a government agency you work for? I have experience in such matters if you are serious about having representation help you with your goal.
Daniel Bakondi, Esq. [email protected] 415-450-0424
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Hello,
If you are an at-will employee, your employer is not limited in anyway in its right to terminate you, except your termination cannot be discriminatory or retaliatory. In other words, not only doesn't it matter what incidents the employer relies on in termination proceedings, but the company can terminate you for any reason or not reason (except the limitation above).
If, on the other hand, your employment relationship is defined by a contract or a collective bargaining agreement, stating that you can only be terminated for just cause (which has to be a substantial, good faith reason, among other things), then your termination might be unlawful.
Thanks,
Arkady Itkin
Sacramento Employment Lawyer
http://www.arkadylaw.com
In general, unless you are civil service, in a union, or have a written employment contract, you are an 'at will' employee that can be disciplined or fired any time for any reason, other than illegal discrimination under the Civil Rights, or Whistle-blower, or similar statutes. Your goal should be to keep your employer happy with you.