California Employment Law

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California Employment Law
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My new wife (one year) has become an employee at my company.

Thru pre-nup she is not...
My new wife (one year) has become an employee at my company. Thru pre-nup she is not an owner (yet) She became suspicious of my best friends wife who is working for me, and began to personally tell her she didn't believe her, she was never going to amount to anything and generally demeaning comments. The upshot was that the woman then on facebook texted her friends calling my wife an evil witch and that she wanted to get the knife out of her back, that she would have already disembowled her but she didn't want to cause problems with the husbands (myself and her husband) her friends responded that they would put a knife into the same place on my wife and would cut other parts of her off.
My wife wants her to quit or she will quit. I want to know legally what to do to protect the company from potential problems and do my best to create peace in the land. The first part I seek your help on the second is my job :(
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Answered in 25 minutes by:
6/23/2013
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
Hello and welcome to JustAnswer.

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

Can you tell me how many employees your company has?

Also, can you tell me what your wife was suspicious of?

For instance, dide she make any statements to your friend's wife about her sex life (which could possibly be considered sexual harassment and/or gender and sex discrimination)?
Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

She told her she should have gone to school, she married a guy who was old, she would never amount to anything because she didn't go to school.


 


My friend told me his wife said my wife told her she hated her. I told my wife to stop and be nice that as leaders it was not our place to give advice or really criticism like that unless asked.


 


To the best of my knowledge she never said anything about sex.


 


I have 14 employees.

Hello Michael,

 

My goal is to provide you with excellent service today.

 

As long as your wife is not treating your friend's wife any different due to discrimination based on a protected characteristic, there is nothing illegal that is occurring.

 

While her behavior is definitely not desirable, not pleasant, and certainly doesn't seem to make for a congenial work environment, your friend's wife would not have any cause of action against your wife or you for her actions.

 

As an at-will employee, you can terminate your friend's wife at any time for any reason with or without any prior notice.

 

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."

 

Due to your friend's wife comments, she can be terminated for misconduct connected to work due to her physically threatening comments against your wife, so you would also not have to worry about paying her unemployment benefits.

 

Additionally, there is probably a sufficient amount of evidence for your wife to get a restraining order against your friend's wife.

 

Since my goal is to provide you with excellent service today, please let me know if you need any additional information or have any follow up questions. If not, please remember to rate my answer positively so I get credit for my work!

 

Thanks and best of luck!

Ask Your Own California Employment Law Question

Please remember to rate my answer positively so I get credit for my work! If you don't rate my answer, the website recoups your entire deposit and I get nothing for assisting you. Trust me when I tell you I need the money WAY more than they do, so I would greatly appreciate if you accept my answer!

 

Again, if you have any follow up questions or need any additional information, please don't hesitate to ask. Thanks again and best of luck!

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
Joseph and 87 other California Employment Law Specialists are ready to help you
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Hello Michael,

Thank you for your positive rating of my service!

Please contact me on JustAnswer should you have any further legal issues.

You can contact me by placing ‘To Joseph’ at the beginning of your question and/or requesting me directly in the California Employment Law category.

When you receive your Customer Satisfaction Survey from JustAnswer, please rate me highly (9-10)! High customer satisfaction scores ensure that I will continue to provide you and other customers with excellent service and they are greatly appreciated!

Thanks again and best of luck!
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Joseph
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
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