Legal Question in Employment Law in California
Fired for not speaking Spanish
I am a counselor at an organization that services both Spanish and English speaking clients. Today, I was told that I'm being fired because I'm not bilingual. I've worked at the company for approximately two months and did let them know that I only speak some Spanish at the initial interview. After explaining to me why I was being let go today, my boss then proceeded to write a letter of reference explaining that I was released ''because of reduction in [the work force]...our budget doesn't allow us to maintain him at this time....we are pleased to recommend him to [your organization].'' Do I have grounds for a lawsuit?
1 Answer from Attorneys
Re: Fired for not speaking Spanish
In California, either party to an employment relationship is presumed to be able to terminate that relationship at their will. This means without cause. To establish a legal basis to sue your employer for wrongful termination, you are going to either have to prove you have a contract with the employer that required them to have cause to fire you and none existed, or that they fired you for an unlawful reason.
Your question did not provide sufficient information to determine whether you had such a contract with the employer or whether they fired you for an unlawful reason. If you believe either or both may be the case, you should have your case reviewed by an employment law attorney as soon as possible. Statutes of limitation run from as early as six months to as much as four years, depending on the legal theory pursued.
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