Legal Question in Employment Law in California

I am in the state of California. Technically it's a right to work state. However, the decisions tend to favor employees over employers. If I have an employee that we are suspicious of malicious, intentional behavior that is detrimental to our patients, but have no proof, is there any way to dismiss him/her. This person is mid-seniority. We are not a union shop.

Asked on 8/12/10, 4:33 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Employees have the 'right' to pay and employee benefits per the minimum wage laws, and company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled to certain medical/pregnancy leave rights. That's about it. 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, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

Judge your own risk / reward in determining your action. If your policy manual details progressive discipline, then follow it to minimize risk. Without facts, you can't establish actual 'cause', but you don't need it with an at will employee. If you want to consult and get an actual opinion and legal help, feel free to contact me.

Answered on 8/17/10, 5:10 pm

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