Legal Question in Employment Law in California
My son, who is 21, was just fired from his first job. The supervisor told him it was because his work was "not up to snuff" but didn't provide any examples. Further, this was the first time he had been told his efforts were unsatisfactory. He thinks it was retaliation for raising an issue at work. He had to sign a letter acknowledging the reason given for his dismissal to get his last check. Can he rescind his acknowledgment and ask for specifics as to why he was let go or is it not worth the trouble? Not that he wants to go back there but the manner in which it was handled was less than professional (and yes, we understand the nature of "at-will", etc.)
2 Answers from Attorneys
Hello,
The first question is what the issue that your son raised was. If it was a protected activity, such as complaining about discrimination, unlawful harassment, safety violations a number of other possible specific protected activities, then it would be worth investigating whether there is sufficient evidence for bringing a wrongful termination case.
Signing an acknowledgement really doesn't mean anything, unless he was paid severance and signed a release of all claims in exchange. After all, the only thing it means is that he understands the employer's position. Otherwise, whether he signed the acknowledgement or not does not affect his rights under the law.
The employer will of course never tell your son that the reason for his termination is retaliating against him. You should contact an attorney to discuss the surrounding facts of your son's termination and go from there.
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
You CAN try to get something from the employer, but since you say you "understand the nature of "at-will", you understand the employer has no obligation other than to say 'fired' without any reason, �cause�, explanation or notice. Also, that letter was an acceptance of fault upon signing. And, unless that 'issue' at work was actual illegal conduct of the employer, any such 'issue' or retaliation is just office politics, and not actionable. IF you think the conduct was illegal under the civil rights or whistleblower laws, then feel free to contact me for the legal help you�ll need.
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