Legal Question in Employment Law in California


One of my employees became physically abusive. As a result, I had to call the police and file a restraining order. He was never formally fired and now he's trying to collect unemployment which requires a statement on my part. Can I legally fire someone if they pose phisical harm?

Asked on 7/16/01, 10:41 pm

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Abuse

The advice given to you is not exactly correct. In CA you donít need a reason to fire anyone you want to fire.

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Answered on 7/18/01, 11:12 pm
David Harrison Spivak & Harrison

Re: Abuse

Yes, you can legally fire someone if they pose a physical harm. Be sure, however, that you have reason to believe that there is a possibility of harm posed by the employee.

David G. Spivak, Esq.

Spivak & Harrison, LLP

10100 Santa Monica Blvd.

Suite 800

Los Angeles, CA 90067

Tel (310) 772-2274

Fax (310) 772-2273

[email protected]

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Answered on 7/17/01, 11:39 pm

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