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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Can an employeer fired you for not having your RN licensed,

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Can an employeer fired you for not having your RN licensed, only an LVN licensed which is the main reason to why you are fired but used the reason of not inputting the correct assessment reference d ate as their basis of firing you. (according to them it's misconduct) do I have a case to pursue?
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Unfortunately, no, you wouldn't have a case for wrongful termination.

Unfortunately, as an at-will employee you can be terminated at any time for any reason with or without prior notice (including not having an RN license).

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922, and states:

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."

I wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question.

That said, you would be eligible for unemployment benefits if you were actually terminated for not having an RN license rather than
the misconduct alleged, and since it is the employer's burden to prove you were actually terminated for misconduct, and not through no
fault of your own, you have nothing to lose by applying for benefits.
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.

Thank you for the follow up but just disappointed of the answer I got.

Thank you.

Again, I sincerely wish I had better news to give you.

Best of luck!