Legal Question in Employment Law in California

I have been terminated as a result of a RIF. The company(govt.contractor) declined to provide the criteria for selection of impacted employees. My performance stats are average to above average, with no security violations, disciplinary action or remedial training as other employees. My team rank is right in the middle. Performance doesn't seem to have been the issue. Over the past few months (due to govt budgetary issues and lack of work) we have been forced to take Directed Paid Time Off using vacation time or taking days off as unpaid leave. We were told we could go 40 hours "in the red" if we ran out of vacation. I was two hours in the red. Earned PTO would eliminate this in one week, and in three weeks I earn two weeks of vacation time so unlike some employees who are 40+ hours in the red, this doesn't seem to be the issue. The only thing I can think of is that I signed up for many of the benefits offered in the benefit package and have done so over the years since my husband had a brain aneurysm. Perhaps I cost too much? If these dark thoughts are actually accurate, is it discriminatory or illegal to offer benefits and then base RIF criteria on employees who sign up for them?


Asked on 1/01/14, 1:49 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

If you were an "at-will" employee then you have not stated grounds to complain about your employer's actions. To maintain a claim for discrimination, you must prove that you were let go because of your age, your gender, or some other protected classification.

If you were not an at-will employee (perhaps you had rights due to your seniority by way of your union's collective bargaining agreement, for example), then you must consult the terms of the contract to determine your rights. Good cause, however, might well include economic conditions within your company.

If you feel your rights might have been violated, I suggest you contact an employee-side labor lawyer to discuss your situation.

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Answered on 1/02/14, 2:54 am


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