Legal Question in Employment Law in California
Employee Personnel Manual Conflicts With At-Will Language.
I have recently been terminated from my employment unexpectedly. My employer stated at the time of my termination that I was not performing to the company's expectations and was terminated. I had not received any previous disciplinary actions. A few weeks after this I contacted the EDD to inquire on my unemployment benefits claim. It was explained that my employer stated that I was terminated for insubordination.
My employment contract stated that I was employed on an ''at-will'' basis and there was no language or amendment to qualify. But I did come across language in my personnel manual that raises question. The manual states under the heading ''Personal Conduct & Performance'' the following:
''All employees are subject to disciplinary action for any violation of these rules.''
Under this section is the following:
''Work performance deemed unsatisfactory.''
''Insubordination.
The last statement in this section states:
''The above list of prohibited conduct is not exhaustive or all-inclusive, but is meant to be an example and although discipline may apply for a violation of any of the above rules, it in no way limits or alters the at-will status of all employees.''
Is there any grounds for wrongful termination.
2 Answers from Attorneys
Re: Employee Personnel Manual Conflicts With At-Will Language.
Grounds? Yes. Likely success - No. You are 'at will'. You do have grounds to appeal the EDD decision, and should. Contact me if you want counsel to represent you in that process.
Re: Employee Personnel Manual Conflicts With At-Will Language.
The language you quote does not seem to alter the at-will relationship mandated by California law. However, from what you state, it seems that you should qualify for unemployment compensation.