Legal Question in Employment Law in California

I am in a sales position at an HR company and my boss just gave me a write up last week. The reasons he stated were "not meeting quotas and achieving sales goals". I understand that this is a sales position, however when I was hired we never established any specific goals or quotas that I have to meet. We just now established the goals number (not a quota) and he decided to make it retroactive and give me a write-up. I also read an email between my boss and another person in the company stating, "do not schedule any appointments for XYZ until further notice". (XYZ being myself). This person that received the email is the person that is responsible for helping me meet our monthly goals.....and this leads to my question.

It is my opinion that my boss is setting me up so that he can fire me (the write-up included a 30 day probation period at the end of which I could be terminated). I feel that this is sabotage and grounds for a wrongful termination lawsuit.

Is this grounds for a lawsuit? I'd appreciate any candid answer thank you, my livelihood depends on this job so I'd like tread as carefully as possible. Thank you!


Asked on 2/06/10, 1:05 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

The question is, why does your boss want to fire you? It is not enough to prove that there was no good reason, unless you have a contract that requires the employer to have cause (most employees are legally presumed to be "at-will"). You would have to be able to prove the real reason for your termination is one that is prohibited by law.

First, try to identify what is really the reason behind this. Then, if it is a reason that would violate state or federal law, the next question is, how can this be proven.

If necessary, consult with an employment law attorney in your area.

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Answered on 2/11/10, 1:51 pm
Terry A. Nelson Nelson & Lawless

In general, unless you are civil service, in a union or have a written employment contract, you are an 'at will' employee that can be disciplined or fired any time for any reason, other than illegal discrimination under the Civil Rights, or Whistle-blower, or similar statutes. Your goal should be to keep your employer happy with you. IF you have any evidence this is based upon one of those 'illegal' grounds, then feel free to contact me to discuss.

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Answered on 2/11/10, 5:06 pm


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