Legal Question in Employment Law in California
My husband was fired 31/2 yrs ago for a accident at his work the company has since changed hands he was hired by a contractor to work the same job he was fired from. The 2ndday he was to work he had an accident in there parking lot before work, it only damaged his car, he was honest & reported it to security he was drug tested & passed they still fired him they said he was to much of an accident waiting to happen. He really needed this job Can an employer do this?? Plus the fact what he hit was wrongfully parked they moved it the next day. He needs this job can we do anything??
1 Answer from Attorneys
California is an "at will" employment state. Both the worker and the employer have the unfettered legal right to terminate the employment relationship at any time for any reason, or for no reason or for no good reason.
There are certain "public policy" exceptions, such as employment acts based on race, gender, religion, etc., but your question does not state any facts suggesting that any of those would apply.
There may also be exceptions where there is an individual employment contract or a collective (union) employment contract. If the company has made any work rules or policies about what will constitute grounds for termination, and published those rules and policies in any sort of handbook or personnel policies manual, it may be possible to argue that publication is an employment contract. In that event, look there for any language that can be argued to be inconsistent with the action of termination.
If none of these theories will apply to disturb the decision to terminate, then it is likely that there is no further action in law to address the termination from employment. Keep close track of the dates for applying for UI benefits.
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