Legal Question in Employment Law in California

My employment was terminated today from my employer a quasi-state agency here in California on a "probationary release". Been with the department almost 13 months, 10 of those months were as temp-to-perm and the last 3 months as a "career" employee. This was stated in the letter, "The reason for this action is your refusal and failure to perform certain tasks assigned to your position". I have only been back to work for 3 weeks. I was out on medical leave of absence for 3 weeks. During the time I was out, I received a new manager/supervisor. There have personality conflicts, but I was still doing my job. I did not receive a verbal warning or written warning prior to my termination letter. Do I have any legal grounds for action?


Asked on 11/04/11, 1:46 pm

1 Answer from Attorneys
David Sarnoff Sarnoff + Sarnoff

It is possible that you have been subjected to retaliation for taking medical leave, which is unlawful under California and Federal law. However, it is impossible to assess your legal situation without more information. The fact that you received no verbal or written warnings may be helpful, as their failure to let you correct any performance issues may possibly be used to show their stated reason for termination is merely pretextual.

Our website, www.sarnofflaw.com, contains a Confidential Online Case Evaluation form you can complete that will provide us with information necessary to preliminarily evaluate your claims. You can also call us at (877) 877-2545.

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Answered on 11/04/11, 2:55 pm


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