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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1845
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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My boyfriend was walking to work and got into a fight based

Resolved Question:

My boyfriend was walking to work and got into a fight based on racial violence and used his taser in self defense. His company is now looking into the matter and is considering action of possible termination due to his bringing a "weapon" into the workplace. Can he be let go?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Welcome to the chat

Employment-LawExpert :

First, let me say that I am terribly sorry to hear that this has happened.

Customer:

Yes I am. Thank you.

Employment-LawExpert :

Unfortunately, California is an at will employment state. This means that your boyfriends employer is allowed to terminate his employment for any reason that does not violate his civil rights or is in breach of contract.

Employment-LawExpert :

Thus, if he is a union employee, or if he has an employment contract that says he must be fired for cause, then he might be protected from being terminated.

Customer:

He's not in a union.

Employment-LawExpert :

Do you know if it is possible that he is a for cause employee?

Customer:

But I'm sure he has a contract that states he must be fired for a cause.

Customer:

Let me ask him via text.

Customer:

He doesn't know at this point.

Employment-LawExpert :

bringing a taser into work would not be enough to be considered cause, unless there was a specific provision in the employee handbook stating this. (And even then it could be easily arguable that it is not cause)

Customer:

Ok. I know there are others that bring mace. But not tasers.

Employment-LawExpert :

He would need to look at his employment contract. It will either specifically state that he is a for cause employee or an at will employee, or it will have some qualifier, stating he has a job as long as he does good work, or something that is contingent on his employment.

Customer:

Ok, I will have him look at his contract.

Employment-LawExpert :

If he is a for cause employee, they cannot fire him. If he is an at will employee, they can. However, if he is fired, he would still be able to file for unemployment benefits as this would not be considered cause under the law.

Employment-LawExpert :

So he would say that he was terminated without cause and receive benefits.

Employment-LawExpert :

Does that fully answer your question?

Customer:

Ok. Yes. Also, HR told him that he could possibly receive disability benefits. Do you think he should pursue that avenue?

Employment-LawExpert :

If he has a disability, he can definitely try that avenue. That would depend on a number of other factors completely different than his termination. Additionally, he can try to speak with his supervisor, or HR and explain in a calm and positive manner that he really likes his job, really like working there, and wonders if there is any way that they could allow him to continue his employment there. He can state that he only has the taser for self defense as people have threatened him before as a result of his race.

Customer:

Ok, I really appreciate you advice. Thank you for everything!

Employment-LawExpert :

Glad I could be of assistance. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you. Have a wonderful rest of your day and a great Easter.

Customer:

Thank you and Happy Easter! I will definitely leave a positive feedback!

Employment-LawExpert :

Thank you very much. If for some reason the rating feature is not working or you cannot find it, please write me back and let me know. Have a great night.

Brandon, Esq., Lawyer
Satisfied Customers: 1845
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and other California Employment Law Specialists are ready to help you

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Brandon, Esq.
Brandon, Esq.
Senior Counsel
334 Satisfied Customers
Has received a certificate of recognition from the California State Senate for his outstanding legal service.