Legal Question in Employment Law in California
what is the neccessary amount of evidence an employer needs to discharge an employe for misconduct?
2 Answers from Attorneys
If you are an at-will employee, you can be terminated for any reason or no reason, except that it cannot be an illegal reason (such as discrimination or retaliation). Therefore, no amount of evidence is needed to discharge and employee for misconduct, unless the employer-employee relationship is governed by a certain contract, such as collective bargaining agreement or some other formal and binding policies.
Thanks,
Arkady Itkin
None. 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. Simply document the misconduct in order to present evidence at a hearing on denial of unemployment benefits.