Full question:
I have an employee who questioned his commission check every month. My office manager would go over the totals and show him they were correct. She asked him to look at his totals daily so any correction could be made at that time. He would not sign the total tapes and turn them in. We gave the employee a letter stating that if the tapes were not returned at the end of the work day we would take them back and assume that he agreed with the totals. He wrote on the letter just fire me! I think this is gross misconduct and I shoud be able to fire him without any problems. This employee has let me know in the past that if I fire him he will file a claim.
- Category: Employment
- Date:
- State: National
Answer:
California is an at-will employment state, meaning an employee can be fired without cause or warning. However, there are exceptions. An employee cannot be terminated for discriminatory reasons or in retaliation for engaging in protected activities, such as reporting wage violations. If the employee has an oral or written contract stating that they cannot be fired without 'good cause,' the employer must provide a legitimate business reason for termination.This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.