Legal Question in Employment Law in California

I have worked at a small pizza restaurant for 5 months and have been a great employee. Last night I had to call in sick to work after being in bed all day. I sent out an email trying to get someone to cover my shift and no one could so I tried to shower and go to work. I was too exhausted and called my manager to ask if it was ok to not come in. He said he was OK and to stay home.

5 hours later I receive an email from the owner firing me. The manager told the owner he believed I had been partying all weekend and couldn't make it to work which is completely untrue! I was even sent home early from my other job for being sick the night before.

Can he legally fire me??


Asked on 6/14/10, 10:51 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Of course. 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� or explanation, other than for illegal discrimination, harassment or retaliation under the ADA [age], Civil Rights [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 6/14/10, 3:39 pm


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