Legal Question in Employment Law in California

Implied term of empl. contract, wrongful dismissal?

Q: Grounds for wrongful dismissal?

Employer moved me to CA, USA for job requiring H-1B visa. Have now terminated me less than 2 years later.

#1) Contract states that I must reimburse the company for my intial relocation costs if I leave or am fired with cause within 2 years. Does this imply a 2 year contract even though the contract also states ''___ is an at will employer. You are not being promissed any particular term of employment.'' This implied commitment was recently strengthened when they submitted my green card application, which had a similar 2 year commitment but the same at will clause.

#2) Reason for my termination was verbally stated as ''elimination of my position.'' The day of my termination, the company re-opened my position.

#3) I was given 4 weeks to find another position within the company. Near the end of that time, I was just about to be offered another position when my previous supervisor, unsolicited, made negative statements about me to the hiring supervisor. As a result I was not offered that job. It is my contention that they were not acting in good faith because while they stated that I could move to another position they actively hindered my movement. Possible defamation as well?


Asked on 12/26/01, 5:03 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Implied term of empl. contract, wrongful dismissal?

no one can give you an accurate answer without reading the contract but it sounds to me like at will employment so it is not wrongful termination but since they had no good cause you dont have to pay back any money.

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Answered on 12/27/01, 1:18 am


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