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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Son-in-law is a custodian at a high school. Works nights.

Customer Question

Son-in-law is a custodian at a high school. Works nights. He was is a office area and was taking a break. He was masturbating on his break and was seen. Then someone set up a camera to video tape him on another night. I know he is stupid.....but.....Can they fire him for doing this on his break in a privacy. Can they use the video.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hea about your son-in-law's situation and hope I can help.

Unfortunately, as an at-will employee, your son-in-law can be termianted at any tiem for any reason, including masturbating in private while on his break.

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