Legal Question in Employment Law in California

Employed in California, I was recently laid off . My boss said it was because he could not afford my salary but he hired someone for my position the very next day. Would this be considered wrongful termination?


Asked on 3/20/12, 8:06 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Not for the reason your boss gave. He may have lied to you but you cannot sue an employer for lying about the reason you were laid off. If you can prove you were fired for a reason prohibited by law (i.e., unlawful discrimination, retaliation for being a whistleblower, etc.) then, you would have grounds for a wrongful termination case.

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Answered on 3/20/12, 11:23 am
Terry A. Nelson Nelson & Lawless

No.

Not only are there no laws against poor management, 'unfair treatment', or rude and obnoxious behavior, 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. 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.

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Answered on 3/20/12, 1:10 pm


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