Legal Question in Employment Law in California

Ilegally terminated

BACKROUND: I had an altercation with another employee at work on a Friday and was sent home on that day (No write up). I came to work and worked my full schedualed shifts the next two days, followed by an extra shift I was asked to work on a third day. I took my usual three (3) days off and returned my following schedualed day (Friday) to be told that I was being fired for the altercation that had happened the previous Friday (Still no write up)!

QUESTION: Is it legal to allow me to work several days following a no write up incident, ask me to work an extra shift. Then terminate me seven (7) days after the incident?

ANGRY & CONFUSED: It seems to me that letting me work my regular shifts after being sent home early, and being asked to work an extra shift sends an expectation that everything is fine. Additionally, seven days seems like too long to be able to go back and decide so long after the fact that you will be terminated. Please clerify for me. ...


Asked on 6/09/06, 1:50 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Ilegally terminated

There isn't any time frame for an employer to make a decision to terminate, unless governed by a civil service or union contract. For most private employment, either party to the employment relationship can terminate the relationship at any time for any lawful reason. It is called "at-will" employment. Your situation may be unfair. But unfair is not the same as unlawful.

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Answered on 6/13/06, 12:28 pm


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