Legal Question in Employment Law in California

Can I be fired for not hitting the $6 million production goal in 2009 when no one else did either? 5 of 6 people (in mature territories achieved 4.5-5.4 million). I received a warning letter requiring I produce an unattainble goal within the next 60 days or face termination. My territory is still developing where there were no prior relationships or business to build on yet I wrote sold 1.2 mil. meeting a minimum to receive a full 1% of 1.2 mil. I believe by putting me on warning they avoid paying the bonus at their discretion for 2009. They also said that while our goal is $6mil again this year, the others are ytd ahead of my territory, however, I am ahead of last year substanitally ytd. They are @1mil as of 3/1 and I am at $650k). This is a yearly, not quarterly goal. My boss has been very mean in emails and I documented and went to Personnel last Oct. It has been 6 months...I also believe and can prove it is more likely retaliation becuase they have to pay an assessment to an Employer for a mistake the UW team made that they have tried to blame on me in spite of documentation. The warning letter is the first I heard I would be let go if I didn't hit a production number by March 1st or face a new production goal that if not met will get me fired. I am a seasoned female professional with exceptional history in the west coast and never have had a blemish in my career. Hard worker with no support and now - facing unfair termination. Help!!!


Asked on 3/26/10, 4:01 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

The real issue is whether the employer is trying to fire you for a reason prohibited by law. It is important to understand that most employers can fire "at-will", which means they can terminate employment for any reason or no reason, including unfair reasons. But they cannot fire employees in breach of an employment contract that requires good cause, or for unlawful reasons, in violation of statute.

You mention retaliation over an issue that is not quite clear. All that can be said here, is if it can be proven that this employer does fire you in retaliation for an activity that is protected by law, and you can prove it, you may have the basis for a wrongful termination case.

Sometimes, when it is clear that the employer wants the employee gone and the employee does not wish to remain where she is not wanted, negotiating a severance agreement is feasible, allowing the employee to leave on more favorable terms, rather than waiting to be fired. Whether this is possible or if so, on what terms depends on many factors. You may wish to consult with an employment law attorney in your area, to assess the facts and evidence and explore your legal options.

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Answered on 3/31/10, 4:22 pm
Terry A. Nelson Nelson & Lawless

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. In your case, goals and expectations are entirely within the discretion of the employer, whether reasonable or not. You can either struggle along and wait until fired, or look for another job. IF upon termination, you believe you are entitled to provably 'vested' compensation/commissions, you could sue or bring a claim with the Labor Commissioner. If the amount in question is enough to justify hiring an attorney, feel free to contact me.

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Answered on 3/31/10, 4:28 pm


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