Legal Question in Employment Law in California

I was suspended from my job for five days without pay for "insubordination". My employer called me in for a meeting on the fifth day and terminated me for the same offense. I was not told my pay was being docked for the suspension until I questioned my employer on the amount of my final paycheck nor was I informed I was being suspended pending investigation. In addition the statement made to the EDD by my employer was false and I may be denied benefits because of this. My question is quite simple. Do I have a case against my employer? Thank you so much for your time.


Asked on 3/25/10, 12:17 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If you contend you have not been fully and properly paid, you can file a claim with the Labor Commissioner. Other than that, 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, other than illegal discrimination or retaliation under the Discrimination, Civil Rights, or Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

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Answered on 3/30/10, 12:28 pm


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