Can i get fired/Laid off if.....?

Question

Is it legal for your employer to fire you if they find out one of your siblings is a drug dealer,in prison, drug addict.......etc. Can they judge you on ur familys wrong doings???

If this does happen....can you sue them for discrimanation??

Thanks for the answers, i live In California.

Answer 1

Yes they can and yes you can.

You will lose because although it IS discrimination, it is not Illegal Discrimination.

Unless you have a valid employment contract, a union contract or work for a governement entity, you can be fired for any reason which is not a protected status (i.e, sexual orientation, religion, national origin, etc.)

EDITED TO ADD:

And just so you know, I am an attorney. I suggest you consult your own employment rights attorney to validate my answer.

EDITED TO ADD CALIFORNIA SPECIFIC INFORMATION:

Generally speaking, California law follows the "at-will" employment doctrine. Under this doctrine, an employer generally is free to terminate or demote an at-will employee with or without just cause.

However, there are numerous exceptions to this doctrine, many of which are discussed on various websites. Some examples include being fired or demoted because of unlawful discrimination, or in retaliation for reporting safety complaints or illegal conduct by the employer.

These exceptions permit even an "at-will" employee to bring a legal action against his or her employer for wrongful termination or demotion.

Absent evidence to the contrary, in California all non-public employees who are not members of a union, and are not employed under a contract for a specific duration of time, are presumed to be at-will employees.

As mentioned above, however, there are numerous situations where an employee is permitted to bring a legal claim for wrongful termination or demotion against their employer even though the employee is at-will.

The Fair Employment and Housing Act (FEHA) of California provides protection from harassment or discrimination in employment because of: Age (40 and over), Ancestry, Color, Religious Creed, Denial of Family and Medical Care Leave, Disability (mental and physical) including HIV and AIDS, Marital Status, Medical Condition (cancer and genetic characteristics), National Origin, Race, Religion, Sex, and Sexual Orientation.

Because your situation is not included in the above, I stand by my previous answer.

ALSO:

Right to work is not relevant to the current discussion. Right to work simply means you cannot be forced to join a union to obtain a job and is valid in all 50 states.

At-Will simply means that either you or the employer may terminate the work relationship at any time without penalty if done so legally and not under conditions which would violate Federal law as already mentioned.

Answer 2

My husband and I both got laid off on the day we found out we were pregnant. We worked for the same company and the company closed shop. Needless to say the first 3 months were very stressful for me. I applied to jobs all over the place and got a job teaching online. You might want to try jobs that dont require you to leave home so that your pregnancy does not become an 'issue'. Whatever people might say, they tend not to call you back when they see your belly. I also applied at a temp agency and honestly told them I was pregnant. They never called back. Either way I am glad I have a job. Try online jobs, those might be a good bet for you. If not, just take this time off (if you can afford it) and relax.

Answer 3

That all depends on the job you are doing,. If you are a grocery check out person than I wouldn't see how that would matter. But if you are an undercover cop and happen to be in constant communication with the sibling then there may be a conflict. You won't get laid off if there is a problem,, you will get fired.

Answer 4

a employer can fire you for any reason at anytime . in 99% of the states because your a employee at will .

the only time a employer can not fire you is if it is for a reason covered under law . or if they have a union contract .

in a right too work state if a employer wants you gone. your going to be gone , one way or another

Answer 5

In addition to my home state of Pennsylvania, Nevada (where I currently reside) and Arizona are both "right to work states" which means they can hire and fire at will. However if they do in your case, you can collect unemployment on the grounds that you were employed by a "hostile workplace" and still sue for discrimination.

Answer 6

You can be fired for anything. An employer has no legal-binding bases regarding termination as long as it is not offensive. If they simply say " you are fired" and don't give a reason. That is perfectly legal!! If they say that and add.."because you are black...." then you have an issue.

Answer 7

In the state I live in (GA) employers don't legally need a reason to fire you. So they could here. Depends where u live

Answer 8

Depends on your state. A lot of states, like PA, where I am from, a company can fire you for no reason at all. Nothing you can do about it, except collect unemployment, depending on the reason you got fired.

Check out the laws in your state.

Answer 9

No, they cannot fire you for that reason. However, in the majority of states they can fire you for NO REASON. If you think you can prove that is the reason the employer fired you, then by all means talk to an attorney.

Answer 10

No they cannot do that. That is discrimination. If they fire you or lay you off then you can aslo sue them for unfair employment practices. Call a lawyer now.