California Employment Law
California Employment Law Questions Answered by Legal Experts
Unlawful discrimination would include an employer discriminating based upon a person’s Ethnicity, Color, Religion, National Origin, Gender or Disability.
The employer clearly may terminate you---for any reason---as you are an at will employee. The real issue here is whether they have good cause to terminate you---such that you would be ineligible for unemployment benefits. It is accepted in the law that the actions of an employee in their off-work time---when such actions bring to their employer extreme embarrassment----may be prohibits as a policy of the employer. if this is the case in your situation then you will almost certainly find it listed as a company rule in your employee handbook or the documents you should have been provided for review when you were first hired. If there is a prohibition against actions which bring the company bad press, or somehow place them in a bad light publicly---then it is possible under that circumstance that you could be terminated for good cause.
However, your situation is somewhat different in that you have not yet been convicted and the employer has found no evidence of a crime when going through your things at work. As such, it is highly unlikely that at the present you could be denied unemployment benefits based solely on allegations of wrongdoing.
As a consequence, you need to understand that if you voluntarily resign, you will lose eligibility for unemployment benefits. While you may not want to resign, be terminated or reach a mutual separation---the decision is not up to you.
A diagnosis of being addicted to pornography will not serve as a legal defense to an employer who seeks to terminate your services, nor will it form the foundation of a viable unlawful termination lawsuit---I'm sorry.
At this point, the writing is on the wall, and the best you should hope for is perhaps a mutual separation that will allow you to obtain unemployment benefits. Under CA law, there may be a separation by mutual agreement if the employer and the employee have mutually agreed to separate, either at the time of the termination, or initially, at the time of hire. In such cases the termination is neither a discharge nor a leaving and thus a disqualification cannot arise under Section 1256.
I wish you the best in 2012.I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me. Kindly take a moment to rate my service to you based on the understanding of the law I provided. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.Thank you,Doug
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).