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RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 13890
Experience:  Experienced in multiple areas of the law.
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I work as a seasonal manager anything to a Ca. ski

Customer Question

I work as a seasonal manager anything to a Ca. ski area. I have been bringing my dog to work for several years. Every year we get a memo not to bring dogs to work. No one has ever said anything to me. Many employees bring their dogs to work at our sister resort 7 miles away. Company policy is no dogs. Can I be fired?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Ca.
JA: Has anything been filed or reported?
Customer: Not about my actions, that I know of
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 11 months ago.
Category: Employment Law
Expert:  RobertJDFL replied 11 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 11 months ago.

Unfortunately, yes you could. California, like most every state, is an "at will" employer. This means that in the absence of an employment contract or union agreement (which typically give employees more rights) you may be terminated at any time, for any reason, with or without cause, so long as you aren't terminated for an unlawful reason -such as because of your race, religion, age (if over 40) sex, disability or national origin, or because of public policy (e.g., you can't be fired because you filed a worker's compensation claim or because you refused to do something illegal).

So, even though your employer has never enforced this policy in the past, and has never said anything to you about it, they absolutely could still terminate you now if they wanted to. It wouldn't even have to be about you having the dog -as an at will employee they could terminate you just because they want to.

Now, if you were bringing the dog because of a disability -they are a therapy dog, for example, then it would be unlawful for them to ask you to remove the dog from the premises.

I'm sorry the news couldn't be more positive.

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Expert:  RobertJDFL replied 11 months ago.

Was there anything I could clarify for you or additional information you needed? If so, kindly REPLY and I'm happy to help further! If not, please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page and pressing SUBMIT.

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