Legal Question in Employment Law in California

I was a logistics supervisor and after 8yr was recently terminated because a driver drove for 15 hours and one minute on a route. The dot regulations the company fell under state a driver can drive 14+2 hours given a special circumstance. On the date of the incident the driver drove 15.01 hours due to traffic caused by an earthquake, which occurred while the driver was returning to the dock. The termination took place a week to a week and a half later and I was not informed about any concerns with the above until the day of the termination. During the termination meeting, I explained our company's 14+2 guidelines per training provided by the company and was told a decision was made and they would not reconsider. It is my understanding no action was taken against said driver (not company pocedure). When I returned an assigned phone on a later day, I was greeted by my immediate manager apologized for the situation informed me he was aware I was right about our policy, but was asked by his immediate manager to terminate regardless.

Does this fall under violation of the covenant of good faith and fair dealing? Or under false statement of fact or defamation?


Asked on 4/27/10, 6:35 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

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� or explanation, other than for illegal discrimination or retaliation under the Discrimination, Civil Rights, or Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy. You've descibed an 'unfair' situation for which you were not at fault, but...... The best I could offer you is to try to negotiate a severance/settlement agreement, based upon the implied threat of lawsuit, and on 'sympathy' for your situation and long term employment. If interested in trying, feel free to contact me.

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Answered on 5/03/10, 10:13 am


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