Can I be fired for “misconduct” if I jokingly agreed that another member deserved to be kicked in the groin and the employee actually got kicked?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I be fired for “misconduct” if I jokingly agreed that another member deserved to be kicked in the groin and the employee actually got kicked?

Asked on August 28, 2011 California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Actually, yes can be fired for this. While seemingly unfair, your termination did not violate any laws and thus was perfectly permissible. As long as such treatment did not violate existing company policy or a union/employment contract. And obviously, your discharge must not be the result of actionable discrimination. Subjec to the foregoing, the fact of the matter is that in an"at will" employment relationship, an employer can set the terms and conditions of employment, as well as hire and fire as it seems fit.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption