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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12620
Experience:  Attorney
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Can you dismiss an employee for not only smelling like alchohol

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Can you dismiss an employee for not only smelling like alchohol and asking him if he had been drinking since he smelt like alcohol on top of a customer telling a driver he smelt bad of alchohol when delivering.

Brandon M. :

Hello there.

Customer:
Customer:

Hello


 

Brandon M. :

Hello. Thank you for your question.

Brandon M. :

Is this with a private employer?

Customer:

Yes we are a very small business

Brandon M. :

I would assume, then, that there is no union involved, and that you do not have an employment contract with the employee in question. Is that correct?

Customer:

No union no employee contract. He is an At-Will employee

Brandon M. :

Thank you. California is an employment-at-will state, which means that an employer can terminate an employee at most any time and for most any reason, or for no reason at all. As long as the termination is not motivated by an illegal reason (e.g. race, gender, disability, etc.), you can generally cut your employee loose because you think he smells like alcohol. In fact, you generally can terminate your employee because you think he doesn't smell like alcohol, if you please.

Customer:

Great thank you so much for your help. I am most concerned that he denied and said he doesnt know what I am talking about when I approached him. But the biggest is a customer complained of the odor. Thank you again.

Brandon M. :

My pleasure. Did you have any other questions?

Customer:

no that is it thank you again.


Melannie

Customer:
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