5/12    My brother works as a janitor for a cleaning company while he goes
        to college.  He's paid well, so he doesn't want to quit.
        However, there's this guy he works with who he can't stand.
        Janitors have a lot of time to talk as they take out the trash,
        and this guy says really stupid things constantly.  He's racist,
        sexist, and always asking for computer help.  My brother asked to
        work with someone else, and his boss said that no one else could
        stand the guy either, but he had no reason to fire him.  Is
        "None of your coworkers can stand you" just cause for
        termination in CA?
        \_ Sure you can be fired for any reason whatsoever, or no reason
           at all. Unless you are under some kind of contract, like at
           a Union job. Is this guy in a Union?
           \_ Not in a union.  But I'm not sure you're right.  I've heard
              of people sueing for unlawful termination before, and I know
              it was a concern with my boss when I was a pizza boy.
              \_ whatchoo talkin' bout, boy? unless you can show some kind of
                 discrimination, or contract (union?) they can fire at will.
                 just make up stuff about the guy, or tell the boss he was
                 offensive and shit, that's a valid reason.
                 \_ This is bad advice. Just fire him. Don't give any reason.
                    Giving reasons is the #1 source of unlawful termination
                    lawsuits. It sounds mean, but it covers your ass.
                \_ I love listening to the advice you guys give.  It's
                   obvious none of you have owned or run a business with
                   employees.  Firing someone safely is VERY VERY HARD.
                   \_ his brother doesn't either.  he's a janitor.  i'm
                      clearly missing something about this thread.
                   \_ what state do you live in? I've seen enough CA layoffs
                      that I have to doubt that. other than the safety angle
                      of psychotic revenge with an assault rifle.
                      \_ THE TIME OF PURIFICATION IS AT HAND. *CHA-CHICK*
                      \_ layoff != firing.  and i've seen people file suit
                         after a layoff and the company settle.
                   \_ Firing one person is a piece of cake. You barely need
                      a reason. More than one person, then you have to have
                      good reasons. As the numbers grow, the better your
                      reasons need to be. Suing based on discrimination is
                      HARD since the onus of proof is on the person fired. They
                      would need to show intent of malice. Some folks sue, some
                      employers settle out of court because it's cheaper.
        \_ convince the other guy to quit.  have your brother tell him that
           he loves black/asian/hispanic/jewish/whatever people, that he
           can't wait to see a female POTUS, and some bad computer advice.
        \_ "Creates a hostile working environment."  Log all complaints.  Once
           the paper trail gets long enough, fire the guy with no cause given,
           and retain the paper trail for defense.  If you really want to be
           safe, create an employee handbook with strict rules against racist
           comments, etc. and reprimand him for violating the rules.  With
           luck, he might improve.  Otherwise, you'll have plenty of ammo to
           get rid of him.
           \_ His brother isn't the manager but this is what the manager should
              be doing.  And yes, like other people said above, it is very hard
              to safely fire someone in CA, at-will laws or no.
              \_ The best thing to do (as a manager in a situation like this)
                 is to reduce the hours the guy can work.  Reduce them far
                 enough, and it won't be economical for him to work for you
                 anymore.
                 \_ Then he'll have grounds to sue you because you reduced
                    his hours for no reason while keeping everyone else the
                    same.  This is stupid.  Make policy, document violations
                    from that point on, then fire.
        \_ Maybe he's trying to get himself fired?