Legal Question in Employment Law in California

I got fired from my job over a year ago, without a write up or warning. Have been applying for unemployment and they keep rejecting me. Could I still sue?


Asked on 10/01/10, 12:28 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

It depends on why you were fired. Most jobs in California are at will. The employer does not have to give the employee a reason, unless covered by a collective bargaining agreement, or a "good cause" clause in a written agreement. Of course, if the motivation had been discrimination because of protected categories, e.g. race, gender, national origin, sexual orientation, age, etc., then you might have a basis for suit.

As for unemployment compensation, unless you deliberately injured the company or another person, you should probably receive unemployment compensation. Even if you were unable to complete your work timely, you probably should receive unemployment. It's worth your while to appeal and consult with an attorney who focuses on this area of law.

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Answered on 10/06/10, 1:46 pm
Terry A. Nelson Nelson & Lawless

Anyone can sue anyone for anything, anytime. Winning requires there be a valid case and proof.

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, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

As to unemployment, the EDD provided you the reason[s] for denial of benefits. If you have proof they are wrong, you have/had the right to file an appeal and have a hearing on it. Unless you quit or were fired for misconduct, you should be entitled to benefits.

Now if you want to hire counsel for either of these, feel free to contact me.

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Answered on 10/06/10, 2:02 pm


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