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insubordination

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D

duncan

Guest
i reside in california.
i had a phone call with my employer in which i hung the phone up and ended the call. i was not working at the time and was not on company time. can my employer call this insubordination and terminate my employment as a result?
 


A

Attorney_Replogle

Guest
Insubordination

If the phone call had to do with legitimate company business, then the employer can probably claim your hanging up the phone on him was insubordination. Yet to fire you, he/she certainly doesn't need to claim insubordination. California is an at-will employment state. That means that your employer can surely terminate you at any time, with or without a reason. Unless of course the reason for your termination was really on the basis of your race, religion, etc.
 
D

duncan

Guest
thank you for answering my question.
i live in california.
i am aware that i live in an "at will" state.
however, if my employer has documented the reason for my termination as insubordination and the phone call was not regarding company issue, therefore no insubordination has occured, could the employer be guilty of wrongful termination?
 
A

Attorney_Replogle

Guest
Not at all. The call and your termination really are not necessarily related. That is to say, in California the at-will policy means that the employer can terminate you at any time, with or without a reason. That means in your situation, whether they ever called you at home or not. Whether the phone call was company business or not. It all doesn't matter. The employer rightfully terminated you without violating any protected basis.
 

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