Termination

Temp1 · Aug 11, 2001

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?

Michael Wechsler · Aug 22, 2001

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.

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Termination

Temp1 Law Topic Starter New Member

Michael Wechsler Administrator Staff Member

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