Legal Question in Employment Law in California

Can an employer fire an employee for instigating a physical fight against another employee outside of working hours and not on, but near the workplace?

I am in California. I was not present when the fight occurred, but I have just heard the news. Police were called and a police report was apparently created. Employee A was physically attacked by Employee B's friends after work right outside of our workplace. His car was also damaged. Other employees witnessed the attack.

Can I fire Employee B for this? I do not want Employee A (or anyone else for that matter) to be uncomfortable at work. I have never seen employee B as a dangerous person.


Asked on 4/03/10, 4:01 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Duh. 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, other than illegal discrimination or retaliation under the Discrimination, Civil Rights, or Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

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Answered on 4/12/10, 11:42 am


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