Legal Question in Sexual Harassment in California
lawful termination?
I was terminated by my employer for an incident (a text message to her personal phone) with another co-worker. This happened during off hours and only 1 time. Nothing ever happened at the workplace. We have had relations before outside of work (all non-sexual). Is this enough standing for a termination? with no other negative history on me before?
2 Answers from Attorneys
Re: lawful termination?
'At will' employees like you and most others can be terminated any time for any reason. You imply a claim of sexual harassment brought by the coworker, which certainly is grounds for a 'cause', i.e. misconduct, termination.
Re: lawful termination?
Not enough information is provided to respond to yur question. However, you should know that, subject to few exceptions, employees are terminable at the will of the employer. This means that an employer does not have to have cause to terminate an employee. Either party to an emplyment relationship can terminate the relationship whenever they want, for any reason they want, as long as the reason is not prohibited by law or public policy.
If you think your employer fired you for an unlawful reason, be prepared to address with an employment law attorney, what that reason is, and how you think you can prove it.
The statute of limitations is one or two years from the date of the termination, for most legal claims, depending on the nature of the claim.