Legal Question in Employment Law in California

Unfair Termination - Instructor at Vocational Program.

Hired 01/07. On 6/7/07, I called the director of ed, for her urgent issue. She said that after reviewing my file, i am no longer eligible to teach since I don't have 2yrs exp - effective immediately. They hired me with complete knowledge that i don't have much experience - and just decided to let me go. In fact, I'm not positive if i've been laid off, fired or suspended. No documentation, just a phone conversation. They didn't offer my office hours. She said until I show documentation that I have 2 years under my belt, I can't do anything. I spoke w/ supervisor and he said that they had a sox audit 2 weeks ago and they've known of my situation. They did not give me any prior notice. This call was 4 hours before my scheduled class shift.


Asked on 6/08/07, 1:32 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Unfair Termination - Instructor at Vocational Program.

If the rules and regs require 2 years, and you don't have that, then you don't qualify for the job. However, if they knew that and hired you anyway, then you have a claim of 'wrongful firing', meaning breach of agreement. What you can do about it is the issue; i.e., what are your recoverable damages. Feel free to contact me to discuss that, if interested in pursuing.

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Answered on 6/08/07, 3:22 pm


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