Legal Question in Employment Law in California
Suspended
I am 25 and I am a manager at a retail store. Recently I was suspended for something I did after work when the store was closed and it wasn't at the store. I was suspended because after work and after the store closed I along with some of the other people who work their who range from 19-20 in age hung out and would drink alcohol. We did this after work. I was confronted on the 11th this month about the situation and was asked if I had read our emplyoee hand book. I had and when I got home I read it 3 more times and now where does it say anything about what I do after work on my own time. That day I was suspended and haven't heard anything since. My question if if a person can be fired for something they do on their own time. Thank you for any help you can offer.
3 Answers from Attorneys
Re: Suspended
If you are an at will employee, which almost everyone is, you can be fired for just about anything, other than your race, sex, disability and so forth.
Re: Suspended
I read the other attorney's reply. I disagree with him on your facts. You may have a case for wrongful discharge, but I would need to review the policy book from your former employer -- i.e., I need more facts. You may contact me.
Re: Suspended
California is an at will state. Employers can let you go at will, with good cause, bad cause and/or no cause. Cannot let you go if based on discrim under law, ie, race, gender, etc., or based on ADA related matters, whistle blowing, etc. Unknown why they let you go, based on info provided, however, drinking age is 21 in CA, may not have liked your behavior and might be moral issue. You would have a very uphill battle. Atty indicating wrongful termination action possible, likely not correct, but need more information, information you might not be privvy to or have right to unless suit filed and I do not see it worth your while unlesss not provided enough info. Based on info thus far, not worth your while to pursue based on cost/expense involved.
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