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.