Legal Question in Employment Law in California
Wrongful Termination
Employee works for an employer, a burglary takes place which is not the fault of the employee. The employee was not present during the burglary, but was blamed by the employer and the employer demands repayment for the stolen property by the employee. The employee refuses. The employer fires the employee because of his refusal to comply with the employer to pay for the stolen property. Does anyone have any specific citations to authority that indicate this is a termination in violation of public policy?
3 Answers from Attorneys
Re: Wrongful Termination
That claim isn't likely to go far. An 'at will' employee fired on suspicion of negligence that allowed a theft? No grounds are necessary for an at will firing, and probable or not, that negligence claim is grounds for firing any day. The claim of retaliation is going to be hard to make stick, and it wouldn't overcome the at will firing right.
Re: Wrongful Termination
Not if, more than likely, you're an at-will employee. However, if the employer told others by word or deed that you were the one who did the burglary, then there's defamation and the qualified privilege for such communications might be abrogated.
Re: Wrongful Termination
The way the question was asked, it sounds like an attorney asking. If not, I urge you to speak with an attorney prior to using any citations for any purpose. Only an experienced attorney can assist a client with understanding how to applying the facts to the law. That said, you could start your search with Labor Code, sections 221 and 450, and Philips v. Gemini Moving, 63 CA4 563.
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