Legal Question in Employment Law in California
IF I was the computer administrator with log on rights to the main server with access to everything including past years back up information and I was fired for accessing email or drives I don't have access to... is that wrongful termination? I can give more information if needed.
2 Answers from Attorneys
To make a claim for wrongful termination, you would have to prove that the employer fired you for an unlawful reason, or it breached the terms of an employment contract. Otherwise, the law presumes that the employer can terminate the employment relationship at its will.
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 fired any time for any reason, other than illegal discrimination or retaliation under the Discrimination, Civil Rights, or Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.
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