Legal Question in Employment Law in California

My employee has fired me the excuse was the position is no longer available but all this happened after a meeting we had with our team I expressed my self and the next thing you know is I get fired not even layed off but fired I'm also a nurse witch instead of terminating me they could of transfer me n they said no I'm sorry we r letting u go do I have a case ?


Asked on 6/07/12, 9:25 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

It is not unlawful to be fired. It is unlawful to be fired for a reason which is prohibited by law or in breach of an employment contract, neither of which issues you have addressed. If you had a contract limiting the ability of your employer to fire you or you believe the reason for your termination was illegal, you should consult with an employment law attorney for a legal opinion. If you were an "at-will" employee, the employer does not need a reason to fire you. You can be terminated at its will.

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Answered on 6/07/12, 9:37 am
Terry A. Nelson Nelson & Lawless

If you are in a union, as many medical staff are, file a grievance, it is your only remedy.

If not in a union, not only are there no laws against poor management, 'unfair treatment', or rude, obnoxious or harassing 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. 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 6/07/12, 11:47 am


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