Legal Question in Employment Law in California

I was laid off over a year ago because of lack of work. I called my old company recently looking for work, as I have been unsuccessful in obtaining work. The company has offered me a trial period due to my past work performance issues. When I was laid off, I asked if it was due to performance and I was told "No, we have no problems with your performance, this was a business related decision." Now, I'm being told that there were problems with my performance, of which had NEVER been brought to my attention. Is there any recourse for this?


Asked on 5/18/10, 9:32 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

No. For the most part, employees are at will, which means they can quit or be terminated at any time for any reason, except illegal reasons such as discrimination or whistleblowing. Even if the employer gave you a false reason for termination, not having told you of performance issues is not actionable. I would be wary, however, about again working for a company whose supervisors were not honest with you, originally.

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Answered on 5/23/10, 10:10 am


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