Legal Question in Employment Law in California
I was recently fired from my job. The reason given for being discharged was that I had received too many write ups. I do not remember receiving the write ups that they claim were on my record. When I asked to see them, I was told since I was not longer an employee, they were confidential. Four days prior to being fired, I had issued a report of complaint concerning a supervisor. I believe that my employment was terminated because of this complaint. I know California is an "at-will" employment state, but the employee handbook for my company states that no action will be taken against any employee making a complaint. Do I have any legal recourse due to the reason the company fired me?
4 Answers from Attorneys
It seems you may have a claim of retaliation, depending on what your initial complaint was about your supervisor. You need to speak to a California employment lawyer to get a complete answer. If you want, you can call my office, and I would be happy to discuss this. The phone number is (213) 536-4236.
California Labor Code, section 1198.5 requires employers to allow all employees to review their entire personnel files. It does not matter that you are no longer employed with them. And if you signed any write-ups, as is the usual practice, you are entitled to a copy of the write-up (section 432). I suggest you make a written demand to see your file and get copies of all documents you signed relating to your employment.
To disagree, the general rule is, 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. An exception in your case might be that, IF your complaint was reporting his actual 'illegal' conduct, you would be protected from retaliation under whistle-blower theory. Illegal means what it says: bribery, crimes, discrimination, etc. Not 'unfair treatment', poor management, bad personality or office politics. none of which is illegal. Now, if you contend that you were a qualified whistle-blower regarding illegal conduct, feel free to contact me to discuss.
If your complaint was about harassment and/or discrimination based on your race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, gender, age, or sexual orientation, you could have a retaliation and wrongful termination claim. Please feel free to call our office at (213)-536-4236.
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