Legal Question in Employment Law in California
Termination
I was recently terminated after 5 months and given no reason. When asked why? I was told to make something up. I had been doing an excellent job, told often by my superior and that I would always have a job there. My superior told me that he had almost gotten fired the week prior and that he had to let me go. I feel I was used as a scapegoat. He had me sign a termination letter with no reason listed. Do I have a right to know reason for being terminated?
2 Answers from Attorneys
Re: Termination
In most States, the law says that, unless there is a contract to the contrary, either party to an employment relationship may terminate that relationship at their will. We call it "at will" employment. This means that an employer can terminate an employee for no reason whatsoever. The only exceptions to this rule, is if you can show that you have an agreement with the employer that they can only fire for cause, or at least follow certain procedures first, (which few people have)or that the employer fired the employee for an illegal reason. This addresses the actual motive (i.e. discriminatory or retaliatory). To better understand the reason, ask to see your personnel file, which you have the right to see. Sometimes the employer states the reason on a termination form. Also ask the employer what they will tell prospective employers, so you know what to put down on employment applications.
Re: Termination
In California the general rule is that employment is at will. They are not required to tell you why they terminated you. You might want to consider consulting with a lawyer who practices wrongful termination because, depending on the circumstances, the supervisor statement you'll always have a job there might be considered in employment contract.