Legal Question in Employment Law in California

A friend of mine was terminated because she walked out on a director of her company. According to her the director was being disrespectful and aggravating her heart condition. After tell him that, he continued so she walked out and was terminated. The company itself is an MLM and claims that all associates are their own business owner. They get 1099s. Is this an example of wrongful termination?


Asked on 5/05/10, 10:47 am

1 Answer from Attorneys
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, with or without �cause� or explanation, other than for illegal discrimination, harassment or retaliation under the ADA [age], Civil Rights [race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy. If she is actually an independent contractor under 1099 status, she is not an employee with any rights, her contract with company would determine whatever rights she may have.

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Answered on 5/10/10, 11:14 am


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