Can a man who has been working for the union for over 20 years be fired based on a domestic violence indecent that happened a year after the charge?

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Can a man who has been working for the union for over 20 years be fired based on a domestic violence indecent that happened a year after the charge?

Asked on December 30, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are in a union, then the issue is whether your union contract allows you to be terminated in this way and for this reason. If you did not have a contract (including a union or collective bargaining agreement), you could clearly be terminated for this reason, since without a contract, you could be terminated at any time, for any reason whatsoever (you would be an "employee at will" without a contract). Therefore, the issue is, does your contract protect you? If it does, you can enforce its protections against your employer; but if you do not have contractual protections, they may do this, regardless of how long you have worked or whether they acted a year later.


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