After working for a well known upscale restaurant chain for 2 years I have been suspended indefinitely and most likely will be terminated after providing a shot glass to a 26 year old women without asking for ID. I didn’t do anything illegal. Does this constitute wrongful termination?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
California is an at-will state, meaning that an employer may terminate an employee at any time and for any non-discriminatory reason.
When we say “discriminatory” we are referring to things such as firing you for your race, gender or on the basis of a disability. From the sound of it, you were not terminated for any discriminatory purpose, but rather for an internal policy which required you to request identification before serving alcohol.
On the face of it, this policy sounds extremely legitimate because it serves an important objective: Avoiding serving alcohol to under-age patrons. Now, if you were a contract employee then this takes you out of the at-will environment and requires the employer to provide the basis for firing.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck,
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