Legal Question in Employment Law in California

Failure to notify of termination

My Girlfriend's dad (who doesn't speak much english) was recently suspended for doing something at work he wasn't supposed to (it wasn't bad, he just left a door open because he didn't have the key, and it posed a minor security risk.

Anyways, he was told that he was SUSPENDED and that they'd contact him in a couple of weeks to let him know if he would be off suspension or not.

It's now been 3 weeks, my girlfriend has left 3 messages for his boss who has not returned any of them. The company has paid my girlfriend's dad for unused vacation time, so it seems as if he was fired. However, he was never told that he was fired (just suspended).

Aren't companies required to notify someone that they're fired? I know it's not ''wrongful termination'', but is there some kind of law similar to that for failure to notify him that they've let him go?


Asked on 7/10/08, 12:58 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Failure to notify of termination

No, there is no specific law that says the employer must notify the employee he has been terminated.

There are two things the employee can do. One, is to request to see his personnel file, as is permissible under California Labor Code section 1198.5. There should be something in the file that indicates his employment status.

The other is for him to file an unemployment claim. The EDD will contact the employer and ask his status and why he is no longer working. He can then find out from EDD, what the employer said.

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Answered on 7/10/08, 6:18 pm


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