Legal Question in Employment Law in California

I was recently fired from my job for an altercation with a co-worker. The altercation was not even started by myself. The co-worker through a hat in my face & proceeds to shoulder bump me so I pushed him off. I have never even have had a verbal altercation let alone a physical one. Would I possibly have a wrongful termination suit?


Asked on 1/30/12, 12:37 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

California is an at will state so the employer does not need a reason to fire you. Speak to the employer to make it clear that they know what happened and for unemployment benefits sake at least get them to say the termination was not because you started a fight. If the person who started the fight has anything, you can sue for your damages [loss of pay].

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Answered on 1/30/12, 2:10 pm
Terry A. Nelson Nelson & Lawless

No. Involvement in an incident like that can be considered 'misconduct' for both parties. The employer is entitled to determine the discipline. Even if the employer is 'wrong' in your eyes, not only are there no laws against poor management, 'unfair treatment', but 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.

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Answered on 1/31/12, 12:53 pm


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