5 ms·
Better be careful about making any decisions on a blog post. That's how wrongful termination lawsuits get filed. The correct response is to talk to him, get his
by lrm242 16y ago
Better be careful about making any decisions on a blog post. That's how wrongful termination lawsuits get filed. The correct response is to talk to him, get his side of the story, wait to see if the authorities will get involved, and make a decision once more of the facts have been aired.
- bschmo 16y agoat-will employment in california bro
- lrm242 16y agoAt-will employment doesn't matter. The suit can easily be filed based on grounds that the employees future work capacity has been materially damaged because the firing gave implicit truth to the accusations, whether they be true or not. In the United States of America anyone can sue anyone for anything. Once it gets to the court, everything is open to interpretation. Thats why most legal documents are written with vague language that leaves intent and outcome up to the interpretation of the court.
- bcarney 16y agoYes, it does matter. I'd love for you to send us a link that says it doesn't matter, or cite a victorious case in California that has been "filed based on grounds that the employees future work capacity has been materially damaged because the firing gave implicit truth to the accusations" under an at-will employment.
- python777 16y agoIt's AT-WILL in California. I don't know why the above person below me who pointed this out is getting downvoted.
- cperciva 16y agoAt-will employment doesn't provide a blanket exemption from wrongful termination suits. The fact that you can fire someone for no reason doesn't mean that you can fire them for a bad reason -- and if, for example, a whistle-blower is fired, there will be a strong presumption that the whistle-blowing was the cause of the firing. (Obviously this is not a whistle-blower case here, and I don't know if there would be any grounds on which to sue for wrongful termination; I'm not a California employment lawyer.)
- bcarney 16y ago"At-will employment doesn't provide a blanket exemption from wrongful termination suits" Well, yeah. Stipulations include forcing someone to do anything illegal, firing someone because they're involved in union activity, or terminating someone based on discrimination. Please CITE a source or a case that concludes you can't fire someone for getting involved in the aforementioned mess in the link above whether he is guilty or not guilty. Thank you.
- chc 16y agoAlso not a layer, but I've heard discussions of California employment law from people who are, and the impression I've got is that the law can go a whole lot further than whistle-blowers. Essentially, you can let someone go for no reason at all, but they can still sue for discrimination, breach of contract, etc. (Disclaimer: Again, not a lawyer — that's just my layman's understanding of what I've heard and you should probably not cite this comment in court.)