Legal Question in Employment Law in California

I know CA is an At Will state, but I was recently fired after meeting with the CFO in regards to the actions of the Accounting Manager (who was my immediate supervisor). I had expressed a personal opinion to the Accounting Manager that I thought the owner of the company had made some poor business decisions. After the CFO met with the Accounting Manager to discuss my concerns, the Accounting Manager told the CFO about my opinion and I was fired for insubordination. When I asked how I was insubordinate, I was told my comment could be insubordinate. I had worked for the company for over 2 1/2 years with no problems. When I met with the CFO to discuss my concerns about the department she told me that I was an extremely valuable asset to the company and that I was very professional and that she did not want to lose me. The accounting manager lied to the CFO about things that were going on in the department (I have other employees who will corroborate everything that I said to the CFO) and because of the comment that I made to my superior only, I was fired.

Do I have a case?


Asked on 10/18/10, 7:07 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

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. You didn't.

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Answered on 10/24/10, 3:12 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

You questioned the judgment of the owner of the company. Whether you were right or wrong is irrelevant. Private business are not a democracy and employees do not have freedom to express their opinions about the decision making of management. If you truly understand what "at-will" employment is about, you would know you cannot sue an employer for wrongful termination because it was unfair.

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Answered on 10/25/10, 10:40 am


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