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Terminate During Lunch
- Thread starter Stewj0417
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cbg
I'm a Northern Girl
Um, no he wouldn't. That's irrelevant. It is legal to fire an employee for getting into an argument with his supervisor. The reason for the argument does not change that.
California is an at-will state. You can be fired for any reason that does not violate the law. No law says that you can't be fired for getting into an argument with your supervisor, no matter what the reason.
Unless the OP has a valid and supportable reason to assume that he was REALLY fired BECAUSE OF his race, religion, national origin etc. or BECAUSE he applied for or used a right or benefit protected under the law, the supervisor is legal.
California is an at-will state. You can be fired for any reason that does not violate the law. No law says that you can't be fired for getting into an argument with your supervisor, no matter what the reason.
Unless the OP has a valid and supportable reason to assume that he was REALLY fired BECAUSE OF his race, religion, national origin etc. or BECAUSE he applied for or used a right or benefit protected under the law, the supervisor is legal.
Veronica1228
Senior Member
"...but cbg, she was on her lunch hour and her own time..."cbg said:
(Just trying to save time. I know that's what's coming next.)
cbg
I'm a Northern Girl
Good point, Veronica. So let's make it clear:
1.) You can be fired for having an argument with your supervisor no matter when you have it. It doesn't matter if you were on the clock, off the clock, at lunch, or in the bar after 5, you can still be fired.
2.) The reason for the argument is immaterial. It doesn't matter if you are arguing about the work schedule or the Yankees' game - you can still be fired.
I've already provided the only exceptions to the above.
1.) You can be fired for having an argument with your supervisor no matter when you have it. It doesn't matter if you were on the clock, off the clock, at lunch, or in the bar after 5, you can still be fired.
2.) The reason for the argument is immaterial. It doesn't matter if you are arguing about the work schedule or the Yankees' game - you can still be fired.
I've already provided the only exceptions to the above.
Veronica1228
Senior Member
Thanks Beth and cbg. I knew that was the case, but I figured I would I would try to save you the argument that would be forthcoming.
OPs can be so predictable!
OPs can be so predictable!
I would say that it would depend on the severity of the argument. Employees will have disagreements all the time. It will open up the door for a liability situation if the argument was not severe enough to warrant termination. That is why I was stating that the employee would need to provide more information
cbg
I'm a Northern Girl
You are missing the point.
It doesn't make any difference whether the argument warrants termination or not. Read what I said about at-will employment. An employee can legally be fired because he roots for the wrong baseball team. He can be legally fired because his boss doesn't like his shirt. He can legally be fired (this is a bona fide question that appeared on another board where I post a year or so ago) because he had a banana on his desk. AND he can be fired because he had a spat with his boss, whether or not it is warranted. He can be fired for ANY reason unless there is a specific law prohibiting it, and there is no liability to the employer whatsoever.
The ONLY time it is illegal to terminate an employee is if the termination violates either Title VII or public policy. Once more, a Title VII violation means he is termed BECAUSE of his membership in a group protected by law. Public policy violations are when he is termed BECAUSE he applied for or utilized a right or benefit protected under the law, such as workers comp or FMLA.
Terming someone because they got in a fight with their supervisor might be unwarranted. It might be petty. It might be unprofessional. But it is NOT illegal and it does NOT open the employer to liability.
If you are an employer, you really need to get up to speed on employment laws quickly since both your questions and your answers indicate that you are either very new to the process or very much misinformed.
It doesn't make any difference whether the argument warrants termination or not. Read what I said about at-will employment. An employee can legally be fired because he roots for the wrong baseball team. He can be legally fired because his boss doesn't like his shirt. He can legally be fired (this is a bona fide question that appeared on another board where I post a year or so ago) because he had a banana on his desk. AND he can be fired because he had a spat with his boss, whether or not it is warranted. He can be fired for ANY reason unless there is a specific law prohibiting it, and there is no liability to the employer whatsoever.
The ONLY time it is illegal to terminate an employee is if the termination violates either Title VII or public policy. Once more, a Title VII violation means he is termed BECAUSE of his membership in a group protected by law. Public policy violations are when he is termed BECAUSE he applied for or utilized a right or benefit protected under the law, such as workers comp or FMLA.
Terming someone because they got in a fight with their supervisor might be unwarranted. It might be petty. It might be unprofessional. But it is NOT illegal and it does NOT open the employer to liability.
If you are an employer, you really need to get up to speed on employment laws quickly since both your questions and your answers indicate that you are either very new to the process or very much misinformed.
cbg said it perfectly so here is some examples i've personally seen. A manager of mine has fired a young man for 'stealing' her parking spot. Another manager i had fired a woman for not giving her a cigarette on their smoke break. I've seen a woman fired when she couldn't pay back a personal loan of $50 our manager had lent to her within the week she promised. As long as you are not being discriminated against then it is perfectly legal to be fired for any reason, or no reason at all in at-will states.
jpritchett81
Member
Tough crowd!!!TamaraL said:
I would say that it would depend on the severity of the argument. Employees will have disagreements all the time. It will open up the door for a liability situation if the argument was not severe enough to warrant termination. That is why I was stating that the employee would need to provide more information
You are mistaken. If my boss wants to fire me because we have a difference of opinion on whose pencil is sharper, he can. It wouldn't be a good reason to fire me (unless I became disrespectful during the debate) but that doesn't make it illegal.
You are mistaken. If my boss wants to fire me because we have a difference of opinion on whose pencil is sharper, he can. It wouldn't be a good reason to fire me (unless I became disrespectful during the debate) but that doesn't make it illegal.
Veronica1228
Senior Member
No one was being nasty. You made some incorrect comments that had to be corrected. Just because they proved you wrong doesn't mean that they are being mean.pscott413 said:
Get some thicker skin if you want to hang out here.
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