Legal Question in Employment Law in California
unlawful termination
Do I have a case for legal remedy against my ex-employer? All I want is enough to move me and my family back to Texas and to live until I can find employment.
I was terminated on 3/6/01 the reason given was something I didn't do wasn't what they expect from a manager at my level.
Facts:
The company relocated me from TX to CA 6/00 for a promotion. I received an Excellent rating on my last review (this is a rare rating in this company). By error someone gave me access to a drive on the network and I stumbled upon my bosses annual review. I was looking for something in a drive that our personnel department had given me instructions on the drive and directory designation. I mentioned to a co-worker that I had seen the information. The co-worker informed upper management. I was fired because I failed to tell them I had been given access to something I shouldn't have. This occured on a Friday afternoon after I had put in an 80+ hr week. I have been averaging 75-80 hrs per week since last June. The company gave me 4 weeks severance to acknowledge my hard work over the last few months. I don't know anyone else in CA, my home and family are in TX. I will loose my house and car if I don't find employment within 4 weeks.
1 Answer from Attorneys
Re: unlawful termination
Unfortunately, the law in California, as in most States, says that either party to an employment relationship can terminate that relationship "at their will". This means that just cause is not required, unless you have an agreement with the employer that says you can only be fired for cause. This agreement may be written, verbal or implied. The latter two are very hard to prove. Most employers require employees to sign documents with this "at-will" language in them to protect themselves. You should look over everything you signed with the company, including handbooks you may have signed for. Being fired unfairly, is not the same thing as being fired illegally. If you think your termination violated some agreement they had with you, or was motivated by improper reasons, call an employment lawyer near your home as soon as possible.
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