Legal Question in Employment Law in California

False Information as Basis for disciplinary action

I have been employed at my company for 15 years. In this course of time, I have been viewed as an excellent employee. Sixteen months ago I was transferred w/o explanation to a new department. In the time I have been in this department, I have been received 2 oral reprimands, 2 written reprimands, have been suspended w/o pay for 2 weeks, and am now on notice of discharge. Much of the information given re: my work performance is incomplete and untrue. Information has been stilted in my supervisors favor, and I'm not sure what action I can take against them. There has been a breach of confidentiality in that my termination has been discussed in a shop meeting w/o it yet being final. Do I have any recourse?


Asked on 8/01/03, 7:33 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: False Information as Basis for disciplinary action

Courts cannot get involved in disputes over performance evaluations, even if the evaluation is based on erroneous data, unless you have evidence that the employer's actions are motivated by illegal reasons. If you believe the reasons for the way you've been treated is retaliatory, discriminatory or illegal, you should review all of the facts with an employment law specialist in your area.

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Answered on 8/05/03, 11:15 pm
Terry A. Nelson Nelson & Lawless

Re: False Information as Basis for disciplinary action

You are an 'at will' employee, meaning you can't win a 'wrongful termination' case just because you disagree with the reasons. I can help negotiate a termination package, and try to get your record cleared, or sealed, so it won't follow you around. If interested, contact me to discuss facts, issues and fees.

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Answered on 8/07/03, 6:55 pm


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