Legal Question in Employment Law in California

I am a 60 year old woman who has worked with the same company for 12 years. I have never been given a performance review, however, I have been told I am a good employee. I was written up 18 months ago for not working my scheduled shift. I worked 6:30am to 3:00pm instead of 7:00am to 3:30pm. I asked for a copy of this document, but they refused. I was fired 18 months later for continuing to work from 6:30am to 3:00pm. They called me at home 4 days ago and fired me. Do I have any options? Is this legal?


Asked on 10/04/10, 11:57 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Legal? Of course. The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. There are no rules against 'unfair treatment' or poor management. 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, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

Read more
Answered on 10/11/10, 10:41 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California