Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I was accused of smoking marijuana in the parking lot of my…

Customer Question
I was accused of...

I was accused of smoking marijuana in the parking lot of my work. I wasn’t in uniform and I wasn’t on the clock. They said someone said I was but I absolutely denied it. Now they say they have to check cameras. Can they fire me?

Lawyer's Assistant: Have you discussed the accusation with a manager or HR? Or with a lawyer?

Just thebaccusing manager

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I am at will

Submitted: 3 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
3/24/2018
Employment Lawyer: LegalKnowledge, Attorney replied 3 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Employment Law
Satisfied Customers: 32,354
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
Hello
Employment Lawyer: LegalKnowledge, Attorney replied 3 months ago

Good morning. What State is this in? If you were in uniform or on the clock, why were you even there? Was this before or after work?

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
Before work and I live in CA
Employment Lawyer: LegalKnowledge, Attorney replied 3 months ago

Thank you and please allow me a moment to respond.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
Ok
Employment Lawyer: LegalKnowledge, Attorney replied 3 months ago

Yes, it is possible that they could decide to fire you. I say this because California's Labor Code contains a presumption that employees are employed at will. This means that either the employer or the employee may terminate employment at any time, with or without cause or prior notice. This is important for employers because "cause" is defined under California law as "a fair and honest cause or reason, regulated by good faith on the part of the employer." Employers would be significantly burdened if they had to prove to a court or jury that they acted "fairly" and "in good faith" in every employee termination.

Exceptions to Employment at Will

Exceptions to employment at will include:

  • Public-sector employees, most of whom are protected by civil service laws and/or by a "memorandum of understanding" between their union and the agency that addresses discipline and termination.

  • Employees represented by unions and covered by a collective bargaining agreement that contains a "just cause" standard for termination.

  • Employees (usually executives) who have written employment contracts requiring "good cause" for termination.

  • Employees whose employers have said or done things that overcome the presumption of employment at will.

Courts in some cases have found that employer policies or statements of managers have overcome the presumption of employment at will, such that an implied contract to be terminated only for good cause arose. One such policy is a rigid "progressive dis­cipline" policy under which employees cannot be fired until a series of prior warnings and lesser sanctions have been imposed. Managers' assurances of secure or long-term employment might also be found to overcome the presumption of employment at will in some circumstances.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
I’ve been with the company almost 7years
Employment Lawyer: LegalKnowledge, Attorney replied 3 months ago

Yes, and that is something they should consider. This is merely an allegation and it is odd someone would make it against you and tell on you, so you can speak with them and try and resolve this, based upon your years of service.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
Ok. Yea I denied it and stated what I did with my personal time is just that and I came to work prepared to do my job. They are checking cameras and will inform me come monday
Employment Lawyer: LegalKnowledge, Attorney replied 3 months ago

Even though it was on your personal time, I think the main issue is that you were on company property. Had this been off grounds and someplace else and someone made the claim, it would be different but seeing on they claim it was on the property and they have film, they need to look into it. However, if you were smoking something, it could be a cigarette.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
Yea everyone smokes in that parking lot weed and cigs alike so really there’s no concrete proof
Employment Lawyer: LegalKnowledge, Attorney replied 3 months ago

If that is the case, they may not take any action. If they can not come up with definitive evidence, they may just dismiss this.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
Hopefully. Thank you for your time I can’t think of anything else to ask.
Employment Lawyer: LegalKnowledge, Attorney replied 3 months ago
My pleasure and you are welcome. If you have not already I kindly just ask that you rate my help at the top at this time.
Ask Your Own Employment Law Question
Employment Lawyer: LegalKnowledge, Attorney replied 3 months ago

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LegalKnowledge Your Own Question
LegalKnowledge
LegalKnowledge
LegalKnowledge, Attorney
Category: Employment Law
Satisfied Customers: 32,354
32,354 Satisfied Customers
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.

LegalKnowledge is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
Worked at company for 30 years. dismissed in october. i was
worked at company for 30 years. dismissed in october. i was accused of falsification of time record. i was observed in parking lot after clocking in. they had someone else name on one accusation on my… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
13,220 satisfied customers
The manager of the store where I work sent a public email to
The manager of the store where I work sent a public email to all the employees (more than 15 employees). The email had a picture of a cigarette which appeared to be indoors on a safe. The email stated… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I work at Hannaford in Massachusetts as a hourly associate.
I work at Hannaford in Massachusetts as a hourly associate. A morning before the store opened I was in the parking lot in my uniform however I was not punched in yet. A salaried manager and I were jok… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I was fired from papa johns Friday because they said I stole
I was fired from papa johns Friday because they said I stole money from them. when I confronted them about the situation they had nothing to say. when they checked the cameras they were proved wrong I… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,046 satisfied customers
During training as a bartender for a new restaurant I was instructed
During training as a bartender for a new restaurant I was instructed to sip "taste test" several cocktail recipes as me and several others were learning the mixtures. at the end of my 6 hours, I was a… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Can an employer refuse to allow an employee to smoke on company
Can an employer refuse to allow an employee to smoke on company property--if the employee is sitting in their own vehicle, once they pull onto the company parking lot, are sitting on break, or just cl… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
I work for a fairly large Business/Private Jet Maintenance
I work for a fairly large Business/Private Jet Maintenance Company. I'm an Avionics Technician, with about 7 years at the company with NO trouble. A new completely tobacco free policy was instituted l… read more
Attorney Arcadier
Attorney Arcadier
Managing Attorney Partner
Doctoral Degree
197 satisfied customers
This is a request for council MEDICAL DISCRIMINTION CASE Shortly
This is a request for council: MEDICAL DISCRIMINTION CASE Shortly after being hired as Operations Manager my manager, the GM, was fired. The day the new GM came in an employee of mine went over my hea… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I was fired because my company accused me of smoking marijuana
I was fired because my company accused me of smoking marijuana on the job. They had a video of someone from my team, not me, rolling something, which they claim to be marijuana. They said I have no le… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I work for a headstart program in Washing state and was fired
I work for a headstart program in Washing state and was fired on august 17th. That came about because someone in our parking lot gave another teacher a baggy with something in it. The teacher did noth… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am an hourly associate and my employer has a no smoking policy
I am an hourly associate and my employer has a no smoking policy for on their property. Can they tell me i can't smoke on their property if i am not on the clock?… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
(TN) I was fired from my job of 3.5 years at a Hospital that
(TN) I was fired from my job of 3.5 years at a Hospital that put a No-smoking policy into effect. We also have assigned parking. I was warned in Feb. of smoking in my car on the property (which I do a… read more
Ray
Ray
Lawyer
Doctoral Degree
33,336 satisfied customers
I work at Nordstroms and I have seen employees gift out extra
I work at Nordstroms and I have seen employees gift out extra free gifts to people. The gifts are one per person with any $25.00 dollar purchase. If the customers make a large purchase of $100.00 they… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Hello, My fellow co-worker and I were fired over the same
Hello, My fellow co-worker and I were fired over the same incident. I worked for the company as a CSR for four years. I called my co-worker and said I would be 10 minutes late. She took it upon hersel… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Can an employee be prosecuted for smoking pot at work if there camera footage
Location is state of Nevada (decriminalized marijuana) -No legal action has been taken by the employer, yet... camera footage is still being reviewed in the corporate office -There is only camera foot… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I worked at a bar for, oh, about 6 months and at their sister
I worked at a bar for, oh, about 6 months and at their sister company, a flower shop (owned by the same people, old friends) they have always been nice to me and offered me a job when my temp job ran … read more
Lawyer Bob
Lawyer Bob
Doctoral Degree
413 satisfied customers
Hi there. Myself and three of my coworkers were all fired from
Hi there. Myself and three of my coworkers were all fired from our jobs a few days ago. The reasons for our termination were very vague. Some of the reasons that were given were complete lies. We were… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
WELL I WAS OFF THE CLOCK AT MY JOB OUTSIDE WAITING ON MY RIDE.WHEN
WELL I WAS OFF THE CLOCK AT MY JOB OUTSIDE WAITING ON MY RIDE.WHEN THE STORE MANAGER PULLED UP AND I ASKED HER Y THEY CAN'T SPLIT THE HOURS BETWEEN ME AND ANOTHER LADY AND SHE STATED U CANT PUSH DAT D… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
96 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x