Legal Question in Employment Law in California

Fighting: Grounds for Demotion or Dismissal

In a company where there is no policy on fighting, two employees get into a physical altercation. The company arbitrarily says one person started it, even though the other person approached her at hre cubicle. The person that they arbitrarily said started it is demoted and dismissed. Would she have a case? Would she have a case if she can prove that the other individual approached another employee in the same manner but the employee was smart enough to back down and report the incident but the company did not write up or record the previous incident?


Asked on 6/12/07, 2:55 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Fighting: Grounds for Demotion or Dismissal

Fighting is, and should be, grounds for immediate termination at any company. Who started it is not important, unless there is clearly an assault and battery on an innocent victim who doesn't then decide to participate and make it a 'fight'.

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Answered on 6/12/07, 3:25 pm


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