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  1. #1
    Join Date
    Apr 2006
    Posts
    147

    Default Can You Fire an Employee After Giving a Warning For the Same Misconduct

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

    I have two employee. That they got into a fight at my gas station while I am not there. They both said the other started it. So I heard about it after the fact.

    So at the time. I said to them both that regardless who started the fight it is not acceptable and whoever is involved in another fight will be terminated. I wrote up the warning and made them read and gave them a copy and had it witnessed. I felt I need to make it clear to them immediately that I don’t go for these type of things. I thought if I did not say anything they may get into another fight.
    The words on the note said. "Regardless of who started this fight, fighting on the property is not acceptable and will not be tolerated. If you are involved in another fight you will be terminated. This is you last and only warning."

    But after a month or so. A police report is available. It is very clear who started it (there was video from the store next door). And the one who started the fight was very aggressive and vicious (the guy keep hitting him even when the other is down); the other was listed as the victim. I thought it was ‘you push me I push you (not that it is acceptable) but I didn't think it was to that extensive. Nor did I know there was going to be a police report.


    I did not say or imply "all things will be forgiven" or pending an investigation more action will be taken." I just gave them both the waning.

    So my questions is can I fire one of them now (the one who started the fight). Or is a warning an legal agreement that I would not fire them for the fight.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Legaly is a Warning a Contract or Angreement

    CA is an at will state. You only need to make the choice to fire him. You do not need to give a reason. Expect he will claim unemployment, which you will be paying.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Fire an Employee After Giving a Warning For the Same Misconduct

    You can fire hm for lying to you when you investigated the incident.

    Or, for that matter, because you're sick of looking at him. California is an at-will state, so as long as your purpose in firing him is not unlawful (e.g., discrimination based on gender, race, ethnicity, religion, etc., retaliation for filing a worker's comp claim, retaliation for reporting alleged misconduct of your business to a state agency with oversight, etc.) you can fire him.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Can You Fire an Employee After Giving a Warning For the Same Misconduct

    You can fire him for wearing socks you don't like.

  5. #5
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Can You Fire an Employee After Giving a Warning For the Same Misconduct

    What you have there is evidence that has emerged that clearly shows who started the fight, how severe it was, and that he lied to you. Yep, I'd let him go and it will be perfectly legal to do so - and the smart thing to do before you have another incident of him assaulting someone.

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