Legal Question in Employment Law in California

I recently made a complaint against my boss for his abusive and unfair treatment of me, and was fired two days later without warning or suspension. I have no financial resourses to pay an attorney. What legal options do I have?


Asked on 9/23/10, 5:50 pm

2 Answers from Attorneys

David Sarnoff Sarnoff + Sarnoff

Depending on what you complained about, you can speak with a California employment attorney. If you simply complained that your boss was unfair and abusive to you for no reason, then your firing is likely not unlawful. There is no law against being a rude or unfair boss.

However, if you complained that your boss was treating you differently because of your race, age, gender, disability (mental or physical), sexual orientation, national origin, ancestry, religion, marital status, or other protected category, then you may have a claim for retaliation. California employers are prohibited from making any adverse employment decision (such as termination) because an employee complains about unlawful discrimination or harassment in the workplace.

If you feel the conduct was truly unlawful, you should contact an attorney who specializes in employment law. If you would like, you can get more information at our website, www.sarnofflaw.com, or you can contact our office at (213) 536-4236.

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Answered on 9/28/10, 6:03 pm
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, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy. If you think your firing falls within those legal protections, not just that it was 'unfair', feel free to contact me, I've been doing these cases for over 20 years.

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Answered on 9/29/10, 11:52 am


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