Legal Question in Employment Law in California

I was "let-go" from my job of 3months on their payroll and worked about 1yr for them prior but was paid with company check (under table I guess).

When I was put on payroll, I changed departments and supervisor's. The new supervisor did not like me from day one (personally), yet my work never lacked quality nor did I ever get into it with her ...

I was called into the presidents office and he "fired, let-go, laid-off" me ... First in meeting I was fired due to a co-worker (supervisor) unwillingness to work with me. Then still confused I contacted the president of the company and asked what real terminology was for my dismissal ... He stated " just say you were laid-off due to company restructuring" ....

Another weird thing is about 15min after meeting with him I was cleaning at my desk and he told me he was sorry to have to do this and that he or the CEO would love to be a reference as I am a very hard worker ???

All very strange and I want to fight this due to principle not the money ... I feel that b/c another female supervisor did not like me personally as my work never faltered, is not a valid reason for her to tell the president I need to go. I have his response in writing as to what I am supposed to say in future interviews.

I want to know my rights, if I have a case, and what they can throw back at me if I do take this further. On my side, I was paid under table for about a year but reported majority of income on tax return so don't think they will have anything against me there. "technically" was on payroll 3months so do not know if that is a determining factor ...

Thanks!


Asked on 3/10/11, 9:49 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

There are no laws against 'unfair treatment' or poor management. 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�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy and make the company money. That�s how they pay your wages. Now if the firing was illegal under those definitions, feel free to contact me for the legal help you�ll need..

Read more
Answered on 3/10/11, 10:41 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California