Was this fair
Question Details: Employee #1 was fired because someone smoked in the restroom , employee #2 walked in after he left restroom and they went and told supervisor the restroom smelled like cigarette smoke. They reviewed the surveillance camera and saw employee #1 coming out before he entered. Employee #1 was fired and his Unemployment was denied. “ Misconduct” During fact finding interview statement from employer: Length of employment 6 months. Employee admitted he was a smoker of tobacco Employee was observed coming out of restroom (surveillance camera), shortly after another employee enters and smells toba
Employment and Labor Law Answers
Most employment relationships are what is known as "at will". This means that you can work for an employer, or not, your choice. In turn, the employer can hire or fire someone for any reason or no reason whatsoever.
The only exceptions to this are: 1) If there is an employment agreement or contract (which governs termination); 2) If there is a union or collective bargaining agreement (which governs termination); 3) If there is an employee handbook or other official policy statement (which governs termination); 4) If discrimination is a factor (there can be no termination for reasons of race, religion, age, disability, sex, national origin).
Related Employment and Labor Questions
Didn't find your answer? Ask.
Top Ranking Attorneys
- Hong Shen206 Answers|Points 10300Gold Contributor
- Joseph Gasparrini46 Answers|Points 2200Bronze Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga76 Answers|Points 3750Silver Contributor
- Shawn Jackson17 Answers|Points 850Bronze Contributor
- Glenn M. Lyon, Esq.26 Answers|Points 1280Bronze Contributor
- Hong Shen206 Answers|Points 10300Gold Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga76 Answers|Points 3750Silver Contributor
- Sharon Siegel62 Answers|Points 3090Bronze Contributor
- Michael D. Siegel56 Answers|Points 2750Bronze Contributor
- Paula McGill50 Answers|Points 2500Bronze Contributor
Are you a lawyer?Want to be featured here? Sign up for a free profile and get started today! Click Here
More Questions Like This...
- Questions from South Carolina
- Employment and Labor Law Questions
- South Carolina Employment and Labor Law Questions
 |