Legal Question in Employment Law in California
good morning i am an employee at a hotel today july 21 2012
incident : my shift starts at 12:00am i was on my way to work when my car broke down at 11:50. I was about 3 miles away from work i immidietly called work to let them know that my vehicle had broken down. I told them i wasn't able to fix it at the moment i also notified manager at 12 :05am. He asked me what was going on i explained to him that i did not know what was wrong with my vehicle and that i was not sure if i was going to be able to make it today. He responded by saying that i needed to take the bus i responded by saying that i was willing to take bus but they don't run in my area late at night he told me that if i dint show up for work or catch a cab to work that he was goin to fire me.. i could not leave my vehicle in the middle of the street and come to work. My manager said that i was fired and to not show up for work tomorrow. a tow truck at a local gas station saw my vehicle and tried to help me by moving my vehicle to the nearest street away from traffic. he inspected my vehicle he knew what the problem was and preceded to fix my vehicle. i showed up late to work about 40 minutes my manger showed up to work and began to asked me questions and yelling at me i explained to him that he could not fire me for my vehicle braking down he said he didnt care i told him i knew my right and he said i can exercise my right after i get fired .. can my manager do this, were can i file a complain about this matter ?????
2 Answers from Attorneys
They can fire you any time for any reason that is not specifically against the law. You do not have a right to a job or to keep one. Unless they are engaging in discrimination that you can prove on a specifically illegal basis, such as race or gender, or they are retaliating for something like whistle-blowing, they can fire you for any reason or no reason at all.
So.... "I told him i knew my right".
What right is that??
Unfortunately for you, not only are there no laws against 'unfair treatment', but in general, unless an employee is civil service, in a union, or has a written employment contract, by law they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without �cause�, explanation or notice. They had 'cause', you were late.
What 'right' is it that you think overcomes those laws and rules?
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