Legal Question in Employment Law in California
I feel that the manager is trying to get rid of me. I was written up & want to know what my rights are & if do get fired how do I know if I qualify to unemployment benefits?
2 Answers from Attorneys
Rights? The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, etc. Employees have the 'right' to pay and employee benefits per the law and company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are provided certain medical/pregnancy leave rights. That's about it. 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, other than illegal discrimination or retaliation under the Discrimination, Civil Rights, or Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.
If laid off or fired for performance, you are entitled to unemployment. If fired for misconduct or you quit, not unemployment.