Legal Question in Employment Law in California

I was told to go home by the shop foreman amd written up the following morning for bwing insubordinate and leaving my post. Is this legal?


Asked on 4/19/12, 9:38 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Are you really asking if it is 'legal' for your employer to discipline you for misconduct?? Of course they can. 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 terminated any time for any reason, with or without ‘cause’, explanation or notice. They claim to have 'cause' for a misconduct firing if they chose. That would bar you from receiving undemployment benefits. I suggest to try to 'make amends' with them to keep you job, or at least to avoid a misconduct firing. .

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Answered on 4/19/12, 11:19 am


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