Legal Question in Employment Law in California

I was told to go home by the shop foreman amd written up the following morning for bwing insubordinate and leaving my post. Is this legal?


Asked on 4/19/12, 9:38 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Are you really asking if it is 'legal' for your employer to discipline you for misconduct?? Of course they can. 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. They claim to have 'cause' for a misconduct firing if they chose. That would bar you from receiving undemployment benefits. I suggest to try to 'make amends' with them to keep you job, or at least to avoid a misconduct firing. .

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Answered on 4/19/12, 11:19 am


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