Legal Question in Employment Law in California

If you are an at will employee (like most employees) and are not covered by the contract or collective bargaining agreement, you can be disciplined or terminated for any reason, except it cannot be illegal reasons.

Being terminated for being harsh, rude or inappropriate, however unfair it might be, is not against the law. However, if the substance of your complaints was a protected activity (complaining about discrimination, harassment, safety at workplace, violence or threats of violence), then it would be against the law to retaliate against you for that.

Thanks,

Arkady Itkin

San Francisco Employment Lawyer

Your rights depend on who you work for. If you work for a private employer, the chances are you have no rights and can be terminated at the will of the employer. This means they do not need just cause to fire you. They can fire you for any reason they wish, as long as it is not a reason which is prohibited by law, such as a qualified disability or medical condition (since you mention your medical records). In private employment, unless you belong to a union or have an employment contract that limits an employer's ability to terminate the employment, you cannot sue an employer for an unfair termination.

If you work for a public employer, it may be a different story because most public employment is unionized and are not subject to the at-will employment law. Most public employees have due process rights, which means they have a right to contest the charges brought against them through an administrative process. If you do work for a public agency, you must contact your union representative immediately and inform him or her that you have been suspended.

If you work for a private employer be prepared to be notified of a termination on Monday. If you are, they must have your final paycheck ready for you. You do not have to sign anything and should not sign anything without having a lawyer advise you on it first. You have the right to a copy of any documents you have signed, such as employment contracts, written warnings and performance reviews. Finally, if you believe the motivating reason for your termination is an unlawful one, consult with an employment law attorney in your area for a legal opinion on whether you have a viable case.

Employees have the 'right' to pay per the state minimum wage and hour laws and any formal company policy on benefits that may be in place, the right to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled by law to certain medical/pregnancy leave rights. That's about it. Not only are there no laws against poor management, 'unfair treatment', or rude and obnoxious behavior, but 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�, explanation or notice. That is, UNLESS it is based upon discrimination, harassment or retaliation as defined as actually �illegal� under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced. Now if the conduct was illegal under the above definitions, feel free to contact me for the legal help you�ll need.