Legal Question in Employment Law in California

I was just terminated without any prior warning for conduct or anything else. I was giving a letter that it was due to my conduct and that I never corrected my behavior after be counseled. I was never counseled nor was I ever written up for anything. I was a quality manager and feel like I was terminated because I gave one of my employees that works under me a verbal reprimand for her behavior (she called one of my other lab techs an obscene name). The employee that works under me and that I reprimanded use to work for my boss. I feel that I was retaliated by my boss because of his close relationship with her.


Asked on 8/12/10, 3:07 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

"Close relationship" isn't enough description. IF you could prove she and he were having a romantic relationship, and prove this was illegal retaliation against you because of that relationship, then you would have valid grounds for legal action. Simply being a former employee of his does not count. If you think you can prove all that, consult with a local employment attorney, and/or file your required claim of discrimination / retaliation with the Dept of Fair Employment and Housing.

Other than that, 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.

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Answered on 8/17/10, 4:59 pm


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