Legal Question in Business Law in California

An employee got in an argument with the owner and didn't come to work for the next six days can we terminate for absenteeism? Thanks

Asked on 6/18/13, 1:09 pm

3 Answers from Attorneys

Bruce Beal Beal Business Law

A good employer has policies that address this issue, e.g. (1) not coming to work without prior notice to the employer, (2) missing so many days of work without cause, and (3) insubordination activities, all being good cause to terminate the employee....

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Answered on 6/18/13, 1:24 pm
John Laurie Gertz and Laurie

Do you have a policy for this. If so follow the policy. Did he or she call in or did they abandon the job? would like some other facts.

This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter or retainer agreement hiring me or my firm.

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Answered on 6/18/13, 1:33 pm
Anthony Roach Law Office of Anthony A. Roach

Yes, unless there is something you did not tell us. California observes a rule that states most employment is "at will." That means employers can fire, or an employee can quit, pretty much whenever they want to. An employer, of course, is prohibited from making an employment decision based on discriminatory reasons. Most attorneys would advise you to document and terminate.

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Answered on 6/20/13, 4:39 pm

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