Legal Question in Employment Law in California
wrongful termination
My husband was terminated for supposedly not returning a tabtetop waterfall from his
company. The store manager gave him permission to bring it home and test it. His
immediate manager also knew he had it. When he was planning to return it(he had it for 12 days including the suspension days) he was given a 3-day suspension that they said they could not reveal what it was for and he could not be on any premises until May 15th when his suspension was over. He returned to his managers office when indicated, returned the waterfall at that time (since he couldn't be there before) and was given termination papers for not returning the waterfall. There are also several other issues I have questions on: written up for the same thing someone else did but they were not reprimanded, he went on an
approved leave of absence for rehab and feels as if he had been harrassed since
returning, hostile issues with his previous manager.
2 Answers from Attorneys
Re: wrongful termination
they dont need a reason to fire him
Re: wrongful termination
Thanks for your email. In California, all employment is "at will", meaning you can be fired or terminated for any reason, or for no reason at all. Likewise, your husband could have left the company for any reason to accept another job.
Unfortunately, being "written up for the same thing someone else did but they were not reprimanded", is not a defense if your husband actually violated the company's rules.
If your husband feels harassed since returning from rehab, his termination may be unlawful if it is retaliation for advising of the company violating the law, or discrimination or harassment based upon gender, age, or race.
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