Hello
  1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Termination

Discussion in 'Termination: Firing & Resignation' started by Temp1, Aug 11, 2001.

Thread Status:
Not open for further replies.
  1. Temp1

    Temp1 Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    0
    I am currently working in an employment at will state (California) as a manager. Can a person be fired without notice if the company in which the person is working for has a progressive disciplinary policy? I understand that a person can be fired for cause or without cause with this statute. With this said, how does the disciplinary process play into the picture? In other words can an employer bypass the disciplinary process in terminating a persons employment? I have heard that an employer who has a progressive disciplinary policy cannot deviate from this process or they could be sued for a lack of due process. Is this true?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,222
    Likes Received:
    644
    Trophy Points:
    113

    I believe that what you say is true. What you are saying is that there was an incident, suddenly you were terminated citing a "layoff", and that where the company has a disciplinary policy it cannot circumvent the policy by using the at-will employment status. I'll forward this to an attorney that may know an answer from firsthand experience -- I have seen a case in which a situation similar has resulted in a discrimination suit.
     

Share This Page

Thread Status:
Not open for further replies.