How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38898
Experience:  Retired (mostly)
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

My employer didnt fire one of my co-workers for committing

Customer Question

My employer didn't fire one of my co-workers for committing rx fraud in the office using my name to call it in. I recently sent several mean e-mails to my ex-boyfriend. This include comments about his Mom. Now she's trying to get me fired. I've been there 11 years. If they didn't fire my co-worker, for a felony. Can they fire me just for derogatory e-mails?
Submitted: 6 years ago.
Category: California Employment Law
Expert:  RobertJDFL replied 6 years ago.

Thank you for your question. After reading my answer, please do not hesitate to reply if you have additional questions or need more information.


Unfortunately, in most cases, they can. Unless you have an employment contract or type of collective bargaining agreement, you are considered an at wll employee. This means an employee can be terminated at any time, for any reason, or even no reason at all, so long as the grounds are not unlawful (e.g., you are terminated because of your race,or sex).


An employer has the right to decide to not terminate one employee but terminate another.



JUST ANSWER IS A "PAY FOR SERVICE". As I do this for a living, not a hobby, please honor and respect the honor code, and compensate me for my time as you would any other professional.


DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference

Expert:  socrateaser replied 6 years ago.

This question was moved to the California Employment Law category. Since the original expert is not qualified in this category, please permit me to assist.

There are actually several issues here:

1. The first expert was correct that Cal. Labor Code 2922 provides that an emplyer may terminate an employee at any time, for any reason, or for no reason at all, unless the employment contract between the parties specifies a contract termination date.

2. In California, an employer that has a written disciplinary policy, stated, for example, in an employee handbook, can be liable for wrongful termination to an employee for failing to follow that policy, before terminating an employee.

3. Private employers (but not government employers) are also required to act in "good faith" (honestly and fairly) with respect to any agreements or disciplinary policies concerning their employees.

4. A customer who attempts to interfere with the employment contract between an employer and employee can be held liable for "intentional interference with contractual relations." This provides an employee with a legal action against the customer, in the event that the employer terminates the employee.

When you put all of the above together, the employer can terminate the employee -- but if it does so without following its own disciplinary policy, then the employee may be able to sue for any lost wages between the date of termination and the date of trial in court. And, the employee may have a lawsuit against the customer who is attempting to obtain the employee's termination.

Hope this helps.

NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.

And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!

Related California Employment Law Questions