Legal Question in Employment Law in California

Hello... My name Ira Smith. I am a seasonal employee at Nestle Waters North America. I was hired on as a forklift driver and the date I was hired on was on 4/28/2013. My problem is that I was sent home from work for time clock fraud. My shift begins at 10 pm until 6:30 am. I clocked in at 9:50 pm, completed my assigned duties, but while doing so i got a migraine.... so i decided to take my break and clocked out at 12:13 am. I went to the break room patio.....balled my sweater up, laid down to catch my breath and let my advil pain reliever medicine kick in. 10 minutes pass by, I get up, clock in at 12:23 am. Since I have completed all what my lead has asked me to do, I go back to the patio to get some fresh air because I still had migraine. I returned physically to work at 12:47 am, at 1:19 am, I get pulled into the office and a lead tells me that an anonymous worker called the 1st shift resource manager at home and told them I was sleeping on the job. The resource at home calls the lead at work and tells him to send me home and that he would call me and I have not heard from him or hr since then.... what do I do?

Asked on 8/05/13, 10:39 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless
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Unfortunately, you should look for a new job, unless this employer returns you to work instead of terminating you. You should work for and try to avoid being fired for 'misconduct', which would bar you from unemployment benefits.

In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without ‘cause’, explanation or notice.

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8/05/13, 11:59 am

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