Legal Question in Employment Law in California

In general, unless you are civil service, in a union or have a written employment contract, you are an 'at will' employee that can be disciplined or fired any time for any reason, other than illegal discrimination under the Civil Rights, or Whistle-blower, or similar statutes. Your goal should be to keep your employer happy with you.

The question is, why did the company want to eliminate you? If it was for a reason that is prohibited by law, or it was to circumvent the provisions of an employment contract, you may have recourse. If it was simply unfair, you do not.

Hello.

Sometimes, employers mask unlawful termination behind allegedly lawful lay-off / reduction of force. Lying about the workforce reduction is not illegal, as well as the case where the employer changes his mind and decides to rehire for the eliminated position.

The issue is whether you have any reasons or evidence to believe that your termination was retaliatory or discriminatory. Some of the questions you should ask yourself are these:

Are you a member of protected class (age, disability, religion, race, etc...) If so, has your manager ever exhibited any signs of hostility to you because of you being a member of that class?

Have you complained about harassment or any safety, hr or other kinds of internal violations shortly before being laid off?

Thanks,

Arkady Itkin

San Francisco Employment Lawyer

I need to review you employment contract to determine whether or not you have a breach of contract/fraud action. Contact me directly.