Legal Question in Employment Law in California

My brother-in-law was employed by Troon Golf (the management company) at Monarch Beach Golf club. Troon lost their contract to OB Sports. He was the Merchandising Manager (even though that was his title he did just about anything needed) and 1 week before OB Sports took over their manager, Eric, told him that they were "eliminating" his position to cut costs. (Even though they had asked him to come to the employee training meeting and even measured him for shoes and clothes.) When he gave Richard this "news" he asked if he could stay on in another capacity and he would even take a pay cut and Eric said no. Now 1 week later they "promoted" a woman into his position. Richard found out by another employee who met him for lunch to give him a final check. While they were having lunch this woman called Richard and asked him to help her with something at the job. Richard told her "I thought you were my friend and no I won't help you as I don't work there any more".

Does he have any recourse to sue OB because they clearly did not eliminate his position and even after he offered to take a pay cut they still let him go?

Thank you!


Asked on 5/09/12, 10:51 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Employers may not make hiring decision based on gender, if that is what you are suggesting. But how can your brother-in-law prove he was not hired because OB preferred a woman over a man? There can be any number of reasons for why this woman was hired for the position. Once the employer states a reason, whatever it is, your brother-in-law has the burden of proving the stated reason is a pre-text for the true discriminatory motive. It is not enough to claim he was lied to. Many employers lie about why they do not hire people and it is not a basis for a law suit.

If your brother-in-law has any evidence of discrimination based on gender or other classification protected by law, he should consult with an employment law attorney for a legal opinion and advice.

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Answered on 5/09/12, 11:00 am
Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Not only are there no laws against poor management, 'unfair treatment', or rude and obnoxious behavior by management or other employees, 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 terminated any time for any reason, with or without �cause�, explanation or notice.

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Answered on 5/09/12, 12:09 pm


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