Legal Question in Employment Law in California

I am an employer with four employees. Two weeks ago one of my employees threatened the life of another employee. They have both been with me for more then five years. I immediately suspended the employee who made the threat for two days. I set up a meeting with both employee to air out their grevances and by the end they were hugging. I changed the employee's hours that had been threatened so he would never be scheduled to work alone with the employee that had threatened him. Now two week later the employee that was threatened is complainly that the other employee was not punished enough. He says he has no ploblem working together, but wants me to suspend the other employeee for a longer period of time. What should I do? What is my liablity as an employer? Can I fire both of them?


Asked on 5/02/11, 3:05 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice. Misconduct like violence and threats is always grounds for termination.

You could certainly have fired the threat maker at the time, and could still do so to keep the peace.

Once a victim complains about such misconduct, he is supposed to be protected from retaliation by the company or other person. He doesn't get to dictate the punishment, but is entitled to express his opinion and request. You don't have to do as he demands, especially weeks after he had opportunity to make his suggestion when it could have been acted on. Explain and try to settle him down. I wouldn't suggest your fire him without separate and independent cause to do so. He may give it to you by bad attitude now.

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Answered on 5/02/11, 5:25 pm


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