Legal Question in Employment Law in California
I was suspended from work without given an explanation for 5 days without pay, and asked to leave the premises immediately. They told me, I could call HR after the 5th day. I am completely in the dark, and have no idea what accusations they have against me that could constitute a 5 day suspension. Can my employer withhold reason of suspension from me? If after my 5 day suspension I do find that I am terminated, what am I to expect from them? Can they withhold proof or evidence, or do they not need a reason to terminate me?
2 Answers from Attorneys
They are required by law to let you see your personnel file, but not things related to an ongoing investigation of reasonably short duration. They only need a reason to terminate you if they want to claim it was "for cause" when you apply for unemployment.
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. The employer doesn't have to tell you anything except 'get out'. If you apply for unemployment and they contest it because you were fired for misconduct, you can appeal and try to defend against that charge. If you decide you want to hire counsel to do so, feel free to contact me.
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