Legal Question in Employment Law in California
unlawful termination
At 50 years of age worked for a company for 10 years, did not get along with another employee who had been with the company 20 years. This employee went to the Boss's and stated it was either him or me and of course it was me. Can a company fire you for this reason only? Can I get paid for my vacation time? Is there any recourse on my part? Can I have the company give me in writting was I was fired?
1 Answer from Attorneys
Re: unlawful termination
A company can terminate with or without cause unless an agreement not to terminate without cause exists. Such agrements can be express written agreements and they can be implied by conduct of the parties. Long term employment, promotions and wage increases, company policiy and the practice in the industry will be considered in determining whether an agreement exists.
Accrued vacation pay must be paid upon termination. A claim can be filed with the Labor Commissioner.
As to a written reason for termination, company policy will generally govern. However, generally an employer will provide a written reason in response to an unemployment claim.