California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law

My son was dismissed for what they cited as misuse of company

Customer Question
property. It was using...
My son was dismissed for what they cited as misuse of company property. It was using the computer. Now everyone any where near him uses their computer for personal items but he was the only one terminated. At no time was it ever mentioned that his work was not done on time or properly. They then denied his unemployment. Should he be eligible for his unemployment?
Submitted: 6 years ago.Category: California Employment Law
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 1 minute by:
8/8/2011
California Employment Lawyer: Brandon M., Counselor at Law replied 6 years ago
Brandon M.
Brandon M., Counselor at Law
Category: California Employment Law
Satisfied Customers: 12,620
Experience: California licensed attorney
Verified
Hello there:

Why does he believe that he was the only one fired?
Ask Your Own California Employment Law Question
Customer reply replied 6 years ago
Because he still has contact with people that he worked with and he was the only one.
California Employment Lawyer: Brandon M., Counselor at Law replied 6 years ago
Tell me a little bit more about that. Why would that make any difference?
Ask Your Own California Employment Law Question
Customer reply replied 6 years ago

Not sure I understand what you are asking for.

California Employment Lawyer: Brandon M., Counselor at Law replied 6 years ago
I apologize if I was unclear. You said he was the only employee fired "Because he still has contact with people that he worked with and he was the only one." I am trying to understand, for this employer, the significance of having contact with people that your son worked with.
Ask Your Own California Employment Law Question
Customer reply replied 6 years ago
I was just saying that he knows that he was the only one fired because everyone else is still working. He knows this because he is still in contact with his fellow workers.
Customer reply replied 6 years ago
He knows he was. As I said he has spoken to others that worked with him and no one else is gone.
California Employment Lawyer: Brandon M., Counselor at Law replied 6 years ago
Let me phrase it differently... I am not asking why your son believes that the total number of people fired is one. I understand that no one else was fired. My question is why he believes no one else was fired. in other words, why was no one else fired? In other still words, why was he singled out?
Ask Your Own California Employment Law Question
Customer reply replied 6 years ago
We do not know. That is a good question. He felt that he was being singled out but we let it go. Then when he was assigned a new position the person that he worked with made a comment to him about how he was constantly being riden. We are guessing that it is either because he was hired because he knew someone that worked there or because they were angry with the person that worked there but he was too high up to do anything to so they took it out on my son.
California Employment Lawyer: Brandon M., Counselor at Law replied 6 years ago
In which state is this occurring?
Ask Your Own California Employment Law Question
Customer reply replied 6 years ago
California
California Employment Lawyer: Brandon M., Counselor at Law replied 6 years ago
California is an employment-at-will state, which basically means that either the employer or the employee can modify the employment relationship at most any time and for most any reason. For this reason, unlike some other jurisdictions, there is no presumption that the employer has an unequal bargaining position, so there are no extra protections in place for the employee; if either side does not like their arrangement, they have the right to quit. The employee can quit the relationship if he does not like the employer, and the employer can quit the relationship if she does not like the employee. So "yes" an employer can generally fire one employee only when the other employees are engaged in the same conduct. It's not fair, but it's generally legal. If the employee doesn't like how the employer treats its employees, the employee can quit.

This is not without limitation. Some reasons for modification are illegal; for example, it is illegal to terminate an employee because of their familial status, race/color, gender, religion, ethnicity, age (if over 40) disability, genetic information, or in retaliation because the employee is a whistle-blower. It is not illegal, however, to modify or terminate the employment for reasons that are simply unfair or ill-informed.

Some companies have internal procedures for employee pay reduction or termination. Usually, these procedures exist as a company safe-guard to avoid a lawsuit alleging termination based on an illegal reason. However, when these procedures are incorporated into an employee manual and distributed to the employees, it can create a guarantee of sorts upon which the employee may legally rely; so, for example, it may create an enforceable guarantee that the employee will only have his salary reduced for certain reasons or under certain conditions.

Sometimes there is a contract in place with the employee. That too can create rights for the employee; however, an action for violation of an employment contract is considered a suit for breach of contract.

A termination for cause will generally preclude the employee from collecting unemployment; however, if it can be demonstrated that there was an illegal motive for the termination, the employee can still collect.

I would also argue that, if the employer allows all of the other employees to stay employed when they are guilty of the same behavior, then the behavior isn't the real reason for the termination---the employer simply does not want their unemployment insurance rates to go up so they have fabricated the cause for termination. Under those circumstances, a claims denial should be appealed.

I understand if you have any follow-up questions; let me know if I may be of further assistance. Thank you.
Ask Your Own California Employment Law Question
Customer reply replied 6 years ago
It has been appealed and the hearing is the end of the week. I just wanted to make sure that I understood the use of "misconduct" which is the reason for denial of UI. My thought is that it is no misconduct if it is standard practice to allow it and to only pick and choose who gets terminated. Is that correct?
California Employment Lawyer: Brandon M., Counselor at Law replied 6 years ago
Close, but not exactly. The question is whether the employee was laid off for reasons no fault of his own. If the employer has tolerated this activity and has not terminated other employees engaged in the same behavior, the evidence would tend to suggest that the employee is not actually "at fault" because it was understood that the employer tolerates the behavior. If the employer tolerates the behavior, there is no fault.
Ask Your Own California Employment Law Question
Customer reply replied 6 years ago
So the fact that his supervisor told him the day before they let him go that he understood why they used the computer because they were getting all of their work done and there was nothing for them to be doing. Is a pertinent fact?
California Employment Lawyer: Brandon M., Counselor at Law replied 6 years ago
I can't responsibly say how any specific statement would play into any specific case unless I was actively involved in the case; however any evidence that your son has to show that the computer activity was the actual catalyst for termination should be presented.
Ask Your Own California Employment Law Question
Ask Brandon M. Your Own Question
Brandon M.
Brandon M.
Brandon M., Counselor at Law
Category: California Employment Law
Satisfied Customers: 12,620
12,620 Satisfied Customers
Experience: California licensed attorney

Brandon M. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

1,285 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

35 satisfied customers

General Practitioner. Research Attorney

Roy Hadavi

Roy Hadavi

11 satisfied customers

Attorney at Law Offices of Rosenstein & Associates

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

< Previous | Next >

Related California Employment Law Questions
Marsi I worked for local 324 from 1987 to 1995 they say I am
Hi my name is ***** ***** I worked for local 324 from 1987 to 1995 they say I am short seven to 10 hours to become vested I believe I had a total of 9800 hours but all of my papers burned in Sonoma co… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
I have been called to an investigation meeting with my
I have been called to an investigation meeting with my employer based on a complaint that another employee said i have been rude and condescending for 2 years. The interrogation is on Tuesday. I would… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,283 satisfied customers
I was out on pregnancy disability from april 1, 2017- August
I was out on pregnancy disability from april 1, 2017- August 1, 2017, then took 6 weeks of cfra from August 1 to September 12th. … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I suffered a workers comp injury back in 2013 and have
I suffered a workers comp injury back in 2013 and have lifetime medical for psych and my right shoulder here in CA. My case was recently reopened, and I would like to request a service dog again for m… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am looking for an attorney with experience in workers
Hello, I am looking for an attorney with experience in workers compensation … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I am looking for help regarding my job, which is
I am looking for help regarding my job, which is headquartered in California, but I am located in MI … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
A company offered a PR position to service their LA and NY
A company offered a PR position to service their LA and NY agencies. The employed mentioned that this position would also be helping their TBD/soon to be launched company. Upon confirming employment, … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a small California based consulting business. So far,
I have a small California based consulting business. So far, it has been me with no employees on payroll. My first full time employee comes on board next week. I want to make sure I am in compliance w… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,283 satisfied customers
I have a Salary employee who did not give her two weeks
Hello-I have a Salary employee who did not give her two weeks notice. Question: Do we have to pay out her accrued PTO and Sick time?… read more
legalg
legalg
Other
Juris Doctorate
35 satisfied customers
My employer owes me 6.5 years back pay for "special
My employer owes me 6.5 years back pay for "special incentive compensation" because I hold state license registration that qualifies me for this union contract extra pay provision, however employer is… read more
legalg
legalg
Other
Juris Doctorate
35 satisfied customers
What does this statement mean? For the reasons provided
What does this statement mean? For the reasons provided below, we have determined that you cannot perform the essential functions of a Document Verification position.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
In California ... iWork 8 to 3. I usually get my 30 between
In California ... iWork 8 to 3. I usually get my 30 between 8 and 11 maybe 11:30 then a 10 around 1 to 2 am I entitled to more breaks. … read more
socrateaser
socrateaser
1,031 satisfied customers
I have a question about california state disability
Hello, I have a question about california state disability eligibility … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I manage a small business in California. I sent home an
I manage a small business in California. I sent home an employee for one week with no pay on a disiplinary suspension for repeated violation of our company policy that employees must work till 5pm unl… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was falsely accused at work and they suspended me until
I was falsely accused at work and they suspended me until they investigate. My issue is she has made racial epithets towards me and sexual remarks but being a guy I didn't go to H.R. I thought was coo… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was wondering if a supervisor texts you a warning through
I was wondering if a supervisor texts you a warning through about a final warning should it be seen as a threat … read more
socrateaser
socrateaser
1,031 satisfied customers
My boss states tehre has been performance problems for 6
My boss states tehre has been performance problems for 6 months and wants to put me on performance improvement plan. If they do that is it legal ? If my illness caused my performance issues and i come… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I work for Wal-Mart, they have a policy called 'customer
I work for Wal-Mart, they have a policy called 'customer first' which they say employees are where you want them when you want them. However, if an employee does not have 'open availability' (availabl… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x