Legal Question in Employment Law in California

a family member of mine found out he was going to be laid off. So he wouldn't be humiliated on that day he decided to quit the day before. He says he was never given a verbal warning or even a write up prior to finding out he was going to be terminated. He wants to know if he has some kind of a case if he decides to sue.


Asked on 9/08/11, 3:20 pm

3 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

You haven't stated any basis upon which your family member can sue. Employers are not required to give prior warnings unless it is part of a contract. Either party can terminate the employment relationship at their will. Just as your family member chose to exercise his right to quit, without notice, the employer has the right to lay him off without notice.

If he believes he was going to be terminated for unlawful reasons, he should discuss the matter with an attorney directly.

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Answered on 9/08/11, 3:37 pm
Terry A. Nelson Nelson & Lawless

No.

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 fired any time for any reason, with or without �cause�, explanation or notice, unless it is based upon illegal discrimination, harassment or retaliation as defined under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes. 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. Now if the firing was illegal under those definitions, feel free to contact me for the legal help you�ll need.

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Answered on 9/08/11, 4:18 pm
Terry A. Nelson Nelson & Lawless

In addition, by quitting he disqualified himself from unemployment benefits.

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Answered on 9/08/11, 4:19 pm


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