Terminated After a Scufflle at Work

[Tentay]

My question involves labor and employment law for the state of: California

My husband had a verbal argument with a coworker. Nothing physical happened, no fist fight or anything like that other than loud voices, but my husband pushed him away during the altercation because the guy was coming too close to him. there were witnesses (my husband's coworkers in his graveyard shift) and they know that it wasn't my husband who had started it. my husband was provoked by this guy by name-calling. my husband told him to stop but he was really crazy or something because he won't shut his mouth. and this was the second time this guy did this. the first time, which was a week ago or so when it happened, my husband just let it slide. he didn't report the incident to the office.

anyway, the shift supervisor made a report and the next day, my husband and the other guy were sent home. they were told the incident is under investigation. then the next day, my husband received a call from the HR and they asked him what happened. he told his story and even gave the name of those witnesses. he was told those people would be interviewed. then after a couple of days, HR called my husband and told him to come in the morning in the office. they told him they were letting him go, they gave him his last paycheck. my husband didn't even get a verbal nor written warning or even suspension and he asked her why. she said that they reached that decision after investigating the incident. we felt the decision was too harsh and unjust. my husband has a good reputation in that company and his supervisor and coworkers would back him on that. and even though we do not agree, what can we do? his coworkers even thought it wasn't a big deal since it wasn't really his fault and intention, that he's coming back to work after some suspension.

HR also gave my husband an advise to file for unemployment and say that it was "personal conflict" that was the reason he got fired. my husband had to file for unemployment but we described the incident the way it happened, not as what the HR advised us. i kinda felt it was wrong to call it that so we described what happened in the shortest, most accurate paragraph. my husband doesn't want unemployment, he wants his job back but HR closed that incident by just firing him instead of giving him another chance. a few days later, my husband's coworker calls to ask how he is doing. we were told that no investigation nor interview with witnesses happened. now we feel that my husband lost his job without due process.

do we have a case? thank you very much. all inputs are appreciated.

[Mr. Knowitall]

There is nothing "wrongful" about terminating an employee for fighting with a co-worker. Sticks and stones.

[Betty3]

This was no wrongful/illegal termination.