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N Cal Atty
N Cal Atty, Attorney
Category: California Employment Law
Satisfied Customers: 8157
Experience:  Since 1983
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We have a manger in our California location that has been putting

Customer Question

We have a manger in our California location that has been putting false information on his expense report. When asked the story either changes or makes changes in his Customer file to reflect the new story. We have had issues with him concerning other things but is the issue with the expense report enough to terminate him. Since this is California I am not familiar with their laws. Thank you.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  N Cal Atty replied 3 years ago.
My answer assumes that there is no written employment agreement that might affect the rights of an employee to pretermination warnings. At common law, there is no right to any warning and the employer can terminate an employee on the spot at any time without any cause. California implies a duty of good faith into almost every contract but still recognizes at will employment.

http://business.ca.gov/StartaBusiness/AdministeringEmployees/EqualEmploymentOpportunityLaws/AtWillEmployment.aspx
states:
California’s Labor Code specifies that an employment relationship with no specified duration is presumed to be employment “at-will.” This means, at least in theory, that the employer or employee may terminate the employment relationship at any time, with or without cause. There are exceptions to the at-will rule created by statute, the courts or public policy.


Putting false information into an expense report is just cause for termination, assuming it was not just a very minor error or a one time mistake.

Padding an expense report would definitely be good cause to terminate an employee, since that amounts to theft from the employer.

I hope this information is helpful.

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