Legal Question in Employment Law in California
Unlawful Termination
Hello, I have a few questions for you. My friend, we'll call her Jane, works for a company owned and operated by a married couple, we'll call them Bill and Sally. Jane is moving out of California in two weeks. So she submits her two week notice. 1 week before she is due to resign, she is called into the Bill's office. Bill asks Jane how she likes working for the company. Jane answers, ''I enjoy working for the company''. Bill asks if she has any problems with anyone at the company. Jane replies, ''no''. Bill asks if Jane would like to resign as of today. Jane says, ''No, I have no problem working throughout the rest of the week.'' Bill tells Jane that he and his wife Sally have caught word of her talking about Sally's plastic surgery. Jane admitted to telling a few of the girls in the office, but that she never mentioned it in a negative way. Only that Sally underwent an operation X years ago. Bill then tells Jane that this is her last day, hands her a paycheck, and sends her on her way.
1. Does this case qualify as defamation or slander against Sally?
2. Is ''Office Gossip'' grounds for employee termination?
3. If an employer fires an employee before their 2 weeks is up, does it qualify as a breach of cotract?
2 Answers from Attorneys
Re: Unlawful Termination
1. Does this case qualify as defamation or slander against Sally?
Probably not.
2. Is ''Office Gossip'' grounds for employee termination?
Yes, for at will employees, which she probably is. Anything is grounds that is not a protected class such as disability, race, religion, national origin...
3. If an employer fires an employee before their 2 weeks is up, does it qualify
as a breach of cotract?
No, there was no contract, she just gave her notice.
Re: Unlawful Termination
Since they terminated you, you may apply for unemployment compensation. Gossip should not disqualify you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
