• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

can they fire me?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



Living in California. My employer fired me after I was arrested and put in jail for 10 days. He knew what was happening beforehand and that I would not be at work until released. But when I returned to work he told me I no longer have a job. I have pleaded innocent to the charges. Can they fire me for this?



California is an at-will state

Most people are employees at will and have no employment contracts or union contracts that protect them. That means that a boss can fire them at will for any legal reason other than discrimination on the basis of such things such as race, color, creed, etc. or no reason at all. If there is an employment contract, or a union, that's different.


Disillusioned in CA

You know, it seems to me that there is something very wrong with this "at will" clause for employment. An employer may fire its employees for any reason (other than various types of discrimination) or for no reason at all. In effect, one could be fired based on race, or religion, or a personal reason (revenge for something, perhaps); however, the employer could simply state that the employee was fired for "no reason." It seems to me that the law favors business rather than the individual, and offers very little, if any, protection to people that are hard working, and conscientious employees.


Junior Member

The "At Will" clause is a two way street - both the employer and employee can terminate the relationship for any reason. An employee's freedom to quit "at will" gives them a lot of power over the employer - especially when they are making the company a lot of money.

There is no shortage of jobs for "hard working and conscientious employees" that can be productive. All you have to do is try being self-employed or employing others to appreciate both sides.


Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential