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I was terminated from my employment for a safety violation,

I was terminated from...

I was terminated from my employment for a safety violation, which they said was on a CCTV. I asked to see the video and they stated that I could not. Is that correct? Also, I was given a final paycheck, can I cash that and still take legal action against my employer if I feel I was wrongly terminated?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Sure California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

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Answered in 3 minutes by:
10/12/2017
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,125
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed California attorney with extensive labor law experience. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

I am sorry that you lost your job.

Answer: As you are aware, California is an at-will employment state. That means that either you or the employer can terminate the employment relationship at any time for any reason or no reason at all. The limitation is that employers cannot terminate an employee for an illegal reason, such as discrimination or retaliation for exercising an employee's legal right.

Since the employer does not have to give you a reason for the termination, they also do not need to provide supporting evidence for the termination. However, if you believe that there was an illegal basis for the termination (such as discrimination or retaliation), then as part of a claim brought against the employer, they would have to provide the evidence.

You may cash the check and still bring a claim against the employer, such as for wrongful termination or for unpaid wages.

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Customer reply replied 4 months ago
Thank you

You're very welcome.

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Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,125
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
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Satisfied Customers: 1,125
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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