Legal Question in Employment Law in California

I was recently terminated after two years as an executive assistant to the Owner/President of a mortagage company. His reason for my termination was performance. During my two years of employment i never recieved any performance evaluations, if he was not happy with my work i should have been given an performance evaluation and put on a job action to improve. The owner my boss wrote me in an e-mail that he did not give performance reviews to his direct reports. Others in the company who did not report to him recieved annual reviews. It seems to me that this is wrong and i feel discriminated. The companies Employee Handbook which is given to every employee at the time of hire has a section on performance reviews, that it will be given periodically. Do i have a case for a greivance? I would like to submit my question as free legal advice.


Asked on 7/20/10, 2:19 pm

1 Answer from Attorneys
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� or explanation, 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. Apparently you weren't able to.

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Answered on 7/20/10, 5:47 pm


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