Legal Question in Employment Law in California
I was recently suspened from my job, and my boss hinted I was to be fired on Monday. My first question is: If it does look like it's going to happen...Is it a good idea to quit before there able to discharge me? (In the state of California) I have an outstanding track record, and I would like to protect that, but I'm also going to need unemployment benifits to make ends meet.
My second question is: Can I be discharged for a mistake made by a full time employee I supervise?
My boss basicly told me we're backing her not you with our corperate office. The exact words were "She's walking on water right now, and your having this come up". Do I have a case?
Thanks!!
1 Answer from Attorneys
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. You apparently didn't.
If you quit, you are disqualified from unemployment benefits. If laid off or fired with or without cause, you are entitled to receive them. You could try to negotiate a separation or severance package and letter of reference, if they don't 'hate' you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
