CanI be terminated simply for chewing gum?

UPDATED: Mar 10, 2011

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CanI be terminated simply for chewing gum?

I was let go from my job in 2010. I got a final notice for missing a day and in 2011 I was let go for chewing gum. I just want to see if I was wrongfully let go.

Asked on March 10, 2011 under Employment Labor Law, California


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

Answered 11 years ago | Contributor

I know that your termination must seem unreasonable, but unfortunately it is legal.  The fact is that you have no claime for wrongful termination.  The reason is that most work arrangements are what is known as "at will" employment. This basically means that an employee can choose to work for an employer or not, and an employer can hire or fire an employee for any reason (even a bad one) or for no reason at all.  While this may seem unfair, it's the law.  The exceptions to the foregoing would be if this action was not allowed by the terms of an employment contract, union agreement, or company policy.  Also, discrimination must not have played a role in your termination.  Absent any of these circumstance your employer's actions did not violate the law.

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 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.

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