Legal Question in Business Law in California

Wrongful termination or not?

I would like to know if my situation would fit in a possible wrongful termination. Currently I was offered a position at a private practice office in Internal medicine by a Doctor. After interviewing with him 2 Saturday's ago even though I explained to him that the position that he wanted me to fill is something that he needs to trains me as far as acting as a office manager since it sounds like that is what he wanted. I told him that the back office acting as a Medical Assistant I should be able to handle as that is what he posted in the Job. I advised him upfront of any concerns and what my experience before. After the interview he advised that it would be ok and would also like me to work for him as he and the staff will be patient in training me. After accepting the position and giving my 2 weeks notice. On Friday he called me in and also the person that was training me and told me he thinks that I was not the right person for the job due to the fact that my leadership skills is not what he was looking for and that he thinks I should tell my old job if I can get my job back since I really did not finish my 2 weeks notice with them.


Asked on 3/30/09, 12:20 pm

3 Answers from Attorneys
Adam Telanoff Telanoff & Telanoff

Re: Wrongful termination or not?

This does not look like wrongful termination to me. California is an at-will state, and any employee can be fired at any time (with limited exceptions).

At best, you may have a claim for negligent interference with contract, in getting you to quit you old job. But that would be, in my opinion, a week claim as well.

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Answered on 3/30/09, 1:43 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Wrongful termination or not?

I'm not sure I agree with Mr. Telanoff. There is some old case law that says a prospective employer who rescinds an offer that had led the plaintiff to give up his old job is liable, but I'm not sure what the extent of the liability is. I also don't know offhand whether California law currently agrees with those cases.

You may want to re-post this question under Employment Law so that lawyers who practice in that field will see it.

Good luck.

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Answered on 3/30/09, 2:33 pm
Terry A. Nelson Nelson & Lawless

Re: Wrongful termination or not?

Do whatever you can to keep your old job, as your rights and remedies against him are not as promising as you'd like them to be. IF you lose your old job, then your claim is for breach of agreement, oral agreement, and tough to prove and win. If that happens, feel free to contact me to discuss the realistic chances of your claim and settlement potential.

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Answered on 3/30/09, 2:36 pm


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