Can you sue for being fired without being told?

You have probably considered suing the company for blindsiding you, but California is an “at-will state.” Your employer is within their rights to fire you without warning. However, if the reason was based on your age, sex, race or a disability, you may be able to litigate against your ex-employer.

Can you be fired and not told?

No, generally firing an employee without a warning is not considered illegal. Most employees are considered at will employees and in this case the employer can terminate you without any warning as long as it is not illegal. Your employer does not need a good cause to fire you.

Can a dishonest employee be fired for just cause?

Employee dishonesty can range from trivial “white lies” to far more serious misconduct such as theft or fraud. A common question is whether any act of dishonesty justifies termination? Prior to 2001, there was a line of court cases that said exactly that. However, in McKinley v.

Can a company get in hot water for terminating a dishonest employee?

As unfair as it may sound, dishonest employees have legal rights, and you can get in hot water if you terminate them incorrectly. The termination of employment due to dishonesty should be a proactive, not reactive, procedure, guided by your company’s policy.

Can a payroll administrator be fired for dishonesty?

Linamar Transportation, 2011 CarswellNat 3467, a case our law firm argued for the employer, a payroll administrator with over 20 years of service secretly removed a small but mandatory deduction from her regular pay. The employee had pocketed less than $20.00 when the employer learned what she had done and fired her.

Can a employer falsely disclose that you were fired?

However, if an employer falsely states that you were fired or cites an incorrect reason for termination that is damaging to your reputation, then you could sue for defamation. 2 

What does it mean to be dishonest with an employer?

It should be clear that any employee is wilfully failing to live up to the standards of conduct which the employer has a right to expect if he or she actively aids another person in committing illegal or dishonest actions against the employer.

Why was an employee discharged due to dishonesty?

The discharge was for misconduct. The claimant knew about the employer rule and deliberately chose to aid another employee in committing a dishonest act. In the above case, the claimant was discharged because he punched in another person’s time card.

What are examples of dishonesty in the work place?

The common situations involving dishonesty in the work place for which a claimant may be discharged are: Aiding or abetting another in committing a dishonest act. Cash misappropriation. Cash shortage. Conversion of employer’s or others’ property. Destruction of employer’s records.

When does dishonesty lead to a finding of misconduct?

When a claimant is discharged for a substantial act of dishonesty, it is not necessary that prior warnings, reprimands or threats of discharge are present for a finding of misconduct. What if the claimant contends that other employees were also dishonest?