Legal Question in Employment Law in California

I was suspended for texting on the job for a week--- but the owners of the franchise merely acted on a whim because I do not even own any device that texts. Is it lawful to suspend someone on charges that are false? They didn't look into the matter or even talk to me in person--- I was notified of the suspension by a manager. I will not be paid for the time I am suspended, and I work on an hourly schedule for minimum wage.


Asked on 8/14/10, 12:46 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

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.

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Answered on 8/19/10, 1:25 pm


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