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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7015
Experience:  Significant experience in all areas of employment law.
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I gave a taser to a girl at work to take home. she lives alone

Resolved Question:

I gave a taser to a girl at work to take home. she lives alone my company where I work sent me home and I might get fired.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Good evening and thank you for entrusting me to answer your question. I will do everything I can to assist you.

If you have been with your employer for almost thirty years, it is unimaginable to me that you would be fired because you gave a taser to a girl at work. That said, unless you have a contract or collective bargaining agreement which specifically limits your employer's ability to terminate you only for adequate cause, you are an "at will" employee, and as such, your employer retains the freedom to fire you for virtually any non-discriminatory reason, regardless of whether the basis is fair, true or reasonable.

The above noted, it is expensive to re-hire and re-train new employees, and if you were to be fired, you could generally file for unemployment which would affect your employer's unemployment insurance premium. This is to say that employers generally do not want to terminate employees any more than employees want to be fired, and so employers tend to be rationale about these sorts of decisions--especially when the employee has been working for the company as long as you have.

For these reasons, the best course of action in the circumstance you describe is to present to your employer a written explanation for your action and, if necessary, an apology for the misunderstanding. I realize that from your perspective, you may see no need to apologize or even explain further than you have, but I can tell you as an attorney who frequently advises employers in this circumstance that such a letter would be looked upon favorably and would be the best possible action you could take to preserve your employment, ordinarily speaking.

To summarize, unless you have a contract specifically limiting your employer's right to fire you, your employment is "at will" and from a strictly legal standpoint, can be terminated for just about any reason whatsoever, including giving a female co-worker a taser. This noted, from a practical standpoint I'd say the chances of being fired strictly for this incident as an employee with almost 30 years of seniority are EXTREMELY slim, especially if you were to take the steps outlined above.

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, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
Patrick, Esq., Lawyer
Satisfied Customers: 7015
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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