Legal Question in Employment Law in California

I was laid off today. The company says they are downsizing and combining duties and eliminating my position. Many years Years ago the new manager was a co-worker and last year he became my supervisor. He wrote me up a few weeks ago for something silly but I signed the doc any way. Last month we sold off our inventory down to the bare minimum and today I was laid off but the work load has remained the same. I was also offered a $2000 offer for separation agreement and release. I have been excluded from several company functions as well as had my uniforms taken away while the company has been purchasing all new equipment for the other employees over the last 4 months. I have documentation proving many things if I were to start a suit. My docs go back over my entire career and range from discrimination to verbal sexual harassment statements, to general policy violations. They just hired three new people over the last three weeks. Do you think I have a case or should I just go look for another job?


Asked on 6/06/12, 2:00 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Not only are there no laws against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, but 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 terminated any time for any reason, with or without �cause�, explanation or notice.

Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced.

It doesn't matter what happened over your 'entire career', since discrimination cases only look back for one year. Discrimination, harassment and retaliation are defined as illegal only if the conduct falls within the categories of the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes.

Now if the conduct was illegal under the above definitions, feel free to contact me for the legal help you�ll need.

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Answered on 6/06/12, 5:32 pm


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