Legal Question in Business Law in California

I was fired without any notices and reasons. What are ways to file a claim against employer?


Asked on 10/03/11, 11:21 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

www.edd.ca.gov/Unemployment/

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Answered on 10/03/11, 11:26 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A claim for what? Being fired without notice or reason given is not, without more, a basis for filing a claim against your former employer. As Mr. Stone indicates, you are probably eligible to file a claim for unemployment with the Employment Development Department.

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Answered on 10/04/11, 7:30 am
Terry A. Nelson Nelson & Lawless

Not only are there no laws against 'unfair treatment' or poor management, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, unless it is based upon illegal discrimination, harassment or retaliation as defined under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced. Now if the firing was illegal under those definitions, feel free to contact me for the legal help you�ll need.

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Answered on 10/04/11, 10:24 am


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