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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 27564
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I am in California and last night an employee of mine walked

Customer Question

I am in California and last night an employee of mine walked away with my bosses phone that was located on the staircase. I tract it down and went and picked it up. I just ask did you take my bosses phone and he said i found him. After that my boss ask me to get his paycheck ready that we could not have stuff like this happening at our jobsites Do i need to give him an explanation, he is asking for a letter explaning the reason
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: no. He walked away with the phone i track it down he was at a bus stop. I just ask him if he had it he said he found it gave it back
JA: Anything else you want the lawyer to know before I connect you?
Customer: My boss just said get his check ready i dont want to have people like this work here
Submitted: 9 months ago.
Category: Legal
Expert:  LegalKnowledge replied 9 months ago.

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

Expert:  LegalKnowledge replied 9 months ago.

Do you mean do you need to give the employee a reason for their termination?

Customer: replied 9 months ago.
Today he showed up and our supervisor gave him his last check and the employee ask for a letter explaning why he got fired
Customer: replied 9 months ago.
I dont want to put my foot in my mouth so i want to know how i should proceed.
Expert:  LegalKnowledge replied 9 months ago.

Thank you for the response and please allow me a moment

Customer: replied 9 months ago.
What i want to avoid is a lawsuit. I never accuse him of stealing but I guess by letting him go its imply
Expert:  LegalKnowledge replied 9 months ago.

California is an “at-will” employment state. That means that a boss can fire you at any time for almost any reason or no reason at all. An employer does not have to provide them with a reason or a letter in writing. They can simply be advised that their services are no longer needed and they their employment is terminated. If you never accused him of stealing, there is nothing to worry about and you can simply terminate him.

Customer: replied 9 months ago.
Can he come back and say i fired him because he took the phone?
Customer: replied 9 months ago.
Should I give him a letter thanking him for his serivice and just letting him know his service is no longer necessary
Expert:  LegalKnowledge replied 9 months ago.

He can allege what he wants but the truth is that absent a contract or some type of employment agreement, you can terminate him for any reason at all, as long as it is not in retaliation or in a discriminatory fashion. You do not have to provide him anything in writing. You can simply state that the company does not need his services any longer, can not afford to keep him on, is trying to cut cost, or nothing at all.

Customer: replied 9 months ago.
Is there any chance he can build a discrimination case on me? or say that i accuse him of stealing
Expert:  LegalKnowledge replied 9 months ago.

I do not see how. If you want to give him a reason, you can and keep is generic.

Customer: replied 9 months ago.
do you know where i can get template for terminiation
Expert:  LegalKnowledge replied 9 months ago.

You can find a sample on the internet, if you really want to provide one in writing but as I shared, you do not have to

Customer: replied 9 months ago.
OKay thank you for all your help
Expert:  LegalKnowledge replied 9 months ago.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated Thank you.

Customer: replied 9 months ago.
thank you
Expert:  LegalKnowledge replied 9 months ago.

You are welcome and I look forward to the positive rating above.

Customer: replied 9 months ago.
15 November 2016 01:10
I have another question, an employee took...I have another question, an employee took a cell phone that was on a staircase. My boss put his phone on a staircase to go the bathroom and left it there. When he went to pick it up it was gone, i track the phone down and the employee took it home, so i follow him and ask him if he picked up thephone, he said i found it. My phone fired him for taking company property with out authorization. The employee is asking for an explanation and my boss wants me to say that we are letting him go because he took the phone without authorization. Can he sue me for it? I also do not want him to collect unemployment at my expense.
Customer: replied 9 months ago.
SOrry, my boss now wants me to write a letter stating the truth on why we fired him. I just want to make sure i dont get sued
Expert:  LegalKnowledge replied 9 months ago.

You are an employee. Your boss is asking you to write this, so if anything, the employee would have a cause of action against the company, not you.

Customer: replied 9 months ago.
here you are.
Customer: replied 9 months ago.
My boss is my father so no difference.
Customer: replied 9 months ago.
at first i wast trying to avoid giving him an explanation but my father want me to give him an explanation and avoid him collecting unemployemnt. will this cause any trouble, i feel this employee will try to make a case so i want to make sure i am being carefull on how i manage the situation
Expert:  LegalKnowledge replied 9 months ago.

As I shared, there is no basis to 1) provide him anything in writing or 2) accuse him of the theft. You can simply terminate it and keep it simple and general. If you are worried about getting sued by him, for whatever reason, I am not sure why you would want to open the door by putting anything in writing and giving him something to base this off of. If you want to prevent him from getting unemployment, then you can proceed and advise him verbally that he is being filed for the theft. Again, no reason to put it in writing unless you want to and if so, proceed.

Customer: replied 9 months ago.
if i put in on paper that can open the door to a lawsuit?
Customer: replied 9 months ago.
I guess i am just trying to understand if he has any chance to make it a problem
Expert:  LegalKnowledge replied 9 months ago.
If you ressonable believe he stole the phone then there were grounds to terminate him. Nothing wrong with that
Expert:  LegalKnowledge replied 9 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Customer: replied 9 months ago.
As i mention i am just scared i might get a headache out of this. I am going to give him the following letter please let me know if this can cause me any trouble.We regret to inform you that your employment with A&A Landscape, Inc is terminated, effective November 15 2016. Your termination is the result of the following violations of company policy by taking company property without authorization, knowing that it was not yours.
Expert:  LegalKnowledge replied 9 months ago.

The only thing you may want to considering adding, is specifically what was taken. This way, he knows and is not guessing. You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated Thank you.

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