Legal Question in Employment Law in California

Last month I was involved as a manager in a meeting in which three other managers (executive level) began to brainstorm on the process by which to terminate an employee. They discussed multiple opportunities to document deficiencies in the future to "build a case" against this employee. This employee was laid off yesterday as opposed to terminated. The "official" reason for this lay off was "restructuring", but the phone call I received from my boss was that the conversation a month ago "DID NOT HAPPEN". Is this un-ethical or a violation of employment law?


Asked on 7/25/09, 12:14 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

It may be poor mgmt, but not illegal. Without a written contract or a union agreement, you are all 'at will' and can be fired any time for any reason. Unless this amounted to Civil Rights violation of race/age/sex/etc discrimination, whistleblower retaliation, there is no case.

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Answered on 7/25/09, 6:38 pm


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