Legal Question in Employment Law in California

I have a question in regaurds of my father. He has just been layedoff for a couple weeks and the reason they gave him (superviser) was "your last job was to slow" my father has never had any problems with his labor he has work for the copmany befor it was sold to the new owner. What he doesn't get is that why his superviser is laying him off when my father has always done what he is asked and the never gave him a notice about him work taking to long. We would like to know if there is any way to demand his job back or to sue the company?

Thanks -Ordinola's


Asked on 4/13/10, 8:39 pm

2 Answers from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello.

The issue is whether your father is laid off for a legitimate reason (reduction in force, restructuring, etc...) or for discriminatory reason (such as due to his age). It appears that age might be a factor here, but more details are needed to determine that. Age discrimination claim can be brought in court.

Thanks, and feel free to follow up.

Arkady Itkin

San Francisco & Sacramento Employment Lawyer

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Answered on 4/19/10, 12:25 am
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, other than illegal discrimination or retaliation under the Discrimination, Civil Rights, or Whistle-blower, or similar statutes. Now, if he has evidence of such illegal action, feel free to contact me.

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Answered on 4/19/10, 11:09 am


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