Legal Question in Employment Law in California

I co worker told me yesterday that the owner of the restaurant I work at was going to fire me at the end of the week.

An old friend from highschool came in with some family for a birthday dinner. As I poured the water I found out it was her birthday- wished her a happy one and asked her how old she was turning. An hour later an extremely drunk man put his finger in his face and said he was going to try and get me fired.

Well, the owner was sitting at a table right next to the yelling drunk man- asked him what the problem was...and then told me he was upset that I asked his daughter how old she was. I was told to avoid the table- but everyone of them came and apologized to me for the drunk man. The girls boyfriend even gave me 20 dollars.

In the past I have only received one written warning for "negligence" regarding the cleanliness of silverware on a table in preparation for the next day. Sadly, I signed the stupid thing because I never dreamed that I would be fired, but I wasnt the only person that night responsible for the tables- the owners daughter was there with me.

Im sorry if all the information needed isnt there. I am trying to do research but need a little guidance.

Thanks very much!


Asked on 10/29/10, 2:15 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

I wish I could give you a positive response but unfortunately, I cannot. That is because most employers do not need a good reason, or any reason at all, to terminate an employee. Under the law, employment is terminable at the will of either the employer or the employee, unless there is a contract that requires cause. Most non-union employees do not have such contracts.

Wrongful termination cases usually address the motive for the termination. We do have laws that say an employer cannot terminate an employee for a reason prohibited by law. Common examples include discrimination, due to race, gender, age (over 40), handicap, etc. If you believe your employer has an unlawful motive. you should discuss your suspicions with an employment law attorney in your area.

Read more
Answered on 11/03/10, 2:29 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California