Legal Question in Employment Law in California
I am a licensed real estate agent working for a a real estate company in california. I was informed by my broker that I was being "let go" last week because I listed my own home with another real estate company. I was told that it was inappropriate to do that and that is the reason they would have to let me go.
I originally listed my home with my broker for two months and had no success. So I canceled my contract and my broker removed the listing. Two days later I listed my home with another real estate company to do a short sale. When my broker found out he fired me.
Can I be fired for listing my home with another broker that was not my employer? Do I have a wrongful termination case?
2 Answers from Attorneys
You probably do not have a case. You should speak to an attorney who handles employment law. Most California employees are at will employees so they can be fired for any or even no reason. What you did suggests that you do not feel your real estate company is that good and could result in a decree in income to the broker as to other sales, not just this one. So there was a good reason for terminating you.
It is possible that you were wrongfully terminated. Under Labor Code section 450, "no employer, or agent or officer thereof, or other person, shall compel or coerce any employee to patronize his employer, or any other person, in the purchase of any thing of value."
This law has been interpreted by the courts and the department of labor to prohibit employers from condition employment upon an employee purchasing something from the employer or from certain third parties at the direction of the employer.
I am not sure why your broker wanted your property listed with them, but if it's only in order to get your business (I can't think of any other reason), then you were likely wrongfully terminated, unless of course there is some other, independent rule that applies to real estate professionals that prohibits them from listing their own property with competitors. I am not aware of any such rule however.
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
http://www.arkadylaw.com