Legal Question in Employment Law in California

can i be fired for being a homophobe? if some one says they got offended because i said i am a homophobe and i dont like guys hitting on me can i be fired for this ?

Asked on 2/29/12, 9:33 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Yes. You can be fired even if you hadn't said it.

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, with or without ‘cause’, explanation or notice.

More to the point, your comment could be the basis of a legal claim against the employer by homosexuals for discrimination and hostile work environment. That is grounds for your firing for 'cause', or even 'misconduct' that would deprive you of unemployment benefits.

You live in a PC world. Un-PC comments can get you in trouble.

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Answered on 3/01/12, 11:25 am

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