Legal Question in Business Law in California

Employment termination

Can an employer in the State of California fire an employee when they take a sick day if they have not taken them in the past?


Asked on 2/19/09, 2:33 pm

1 Answer from Attorneys

Adam Telanoff Telanoff & Telanoff

Re: Employment termination

California is an at-will state.

This means that an employer may fire any employee at any time, for any reason or for no reason at all.

There are a few exceptions:

1) If there is a contract between the employer and the employee for a set term;

2) If the termination is the result of employee's membership in a protected class (age, sex, race, religion, national origin, etc.)

So unless the sick day was protected (such as for pregnancy or due to a disability) the employer can terminate.

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Answered on 2/19/09, 5:46 pm


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