Expert: A. Hall - 8/1/2008

Question
QUESTION: My manager bought alcohol for our quarter end.  Everybody in the group had some alcohol that day (during work hours).  I accidentally said a cursed word.

Next day, the CEO called me up and fired me.  He said that he fired me because of my behavior during the celebration.

Can I sue the company?

thanks,
Andrew

ANSWER: Andrew:

I would need to know additional facts to speak directly to your situation.  Since I don't have those facts, I will keep my response general in nature.  (This serves the dual purpose of providing general help to you as well as providing general education to other readers of your question.)

Two of the most common reasons for employees suing after being fired are:

1. Breach of employment contract -- In some states, employment is like a contract relationship: there must be a reason for firing someone. In other states, employment is "at will," which means you can be fired or quit for any legal reason (not violating equal employment laws)---as long as there is no employment contract. (In "at will" states, people can still have employment contracts if the employer and employee set them up.) So the resolution of this issue depends on the state you live in and its particular employment laws.  Since I practice in Minnesota, you would need to speak with an employment attorney in your state.

2. Violation of equal employment laws -- It is against the law to fire someone because they are of a certain race, gender, or other protected classes.  From what you mentioned, these were not a factor in your hiring.

Many employment attorneys will spend at least a few minutes to talk with you about whether you have a case without charging you. To determine if you have a claim based on your particular circumstances, I suggest you find a competent employment attorney in your state.

---------- FOLLOW-UP ----------

QUESTION: Thanks for your detailed answer.

I live in California.  Is it a "contract" or "at will" employment state?

Thanks,
Andrew

Answer
A popular legal publisher, LexisNexis, offers this useful overview of California employment law: http://research.lawyers.com/California/Employment-Law-in-California.html.

As you can see, LexisNexis points out that "in California, employees are presumed to be 'at will.'" As a reminder, please consult with an attorney in your state before relying on this information for your particular circumstances.