Legal Question in Employment Law in California

Employee Terminated

Can an employer fire someone for answering a question wrong. For example, the employee has been suspended 1 day for a minor accident, no injuries, etc. However, employer wants to hear from employee within 24 hours to see if employee has anything further to say regarding the accidient. If not, he is fired. Question....should an employee brown nose and say all the right stuff regardless of the validity just to keep his job.


Asked on 1/29/07, 7:29 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Employee Terminated

Most employers can terminated employees at their will. This certainly would include firing an employee for causing an accident to occur, regardless of how serious the accident is.

I have always advised that honesty is the best policy under the belief that employers worth working for will appreciate the integrity their employee has and do right by them. That may be a bit naive in many cases but there is no right way to answer your question. You have to have a feel for whether it is better to tell the truth with your employer or tell them what you think they want to hear to save your job. That is a personal decision you must make, not a legal one.

If you do get fired and believe it was really due to reasons that has nothing to do with the accident, talk to a lawyer to see if that reason is one prohbited by law and whether you have any evidence to support that belief.

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Answered on 2/06/07, 4:27 pm


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