Legal Question in Employment Law in California
Wrongful Discharge
Location of Employment: San Jose, CA
Type of Employment: Electrician
Date of Termination: Thursday 7/29/99
Jist:
"Boss" is an alcholic, even drinks on business time, often intoxicated and often losing temper for no apparent reason.
Yesterday "boss" was on one of his tirades and upset for some unknown reason, ended up firing a couple of employees (2 electricians) as a job had been (in his words) screwed up by "someone" causing extra work (suposedly 2 extra days to fix) but could not find out which employee was at fault therefore fired both. Employee (one of the fired who stands to his word of not being at fault) never received bad review or written warning in past, employees file will confirm this. What are his rights? What can he do? What CA law protects him or indicates his rights? Is there any action he can take against this boss for the wrongful firing, or the abuse the employees had to endure due to their boss' alcoholism?
1 Answer from Attorneys
Re: Wrongful Discharge
CA is an at will employment state. They dont need a reason to fire him as long as the firing does not violate a specific statute or public policy.