Legal Question in Employment Law in California

Unwarranted Layoff

I�m employed by a Vocational Rehab counseling firm. My boss, part owner of the business, recently told me to start looking for another job.

When asked ''why?'' she said that her partner, an absentee who comes in occasionally to wreak emotional havoc on the employees, is ''giving her grief'' for keeping me because I don't have a BA, thereby not qualifying as a Vocational Counselor, supposedly limiting the number of insurance carriers who will refer clients/ $ to our firm. My boss said she�d like to think she ''has some say'' in who gets hired or fired, but that her partner might ''just decide to come in and tell you (me) your services are no longer needed.� I ascertained that the potential layoff is not performance based.

Is this fair/legal? Also, I've read up on some Labor Code(4635(c)) which says that a QRR (Qualified Rehab. Representative) is someone who understands the law and how to apply it- there are no educational requirements listed.

This is stressing me out and my coworkers (we all understand Workers Comp. very well) say I should file a stress claim! My boss says she has no idea if/when I may be laid off, just that she thought it would be nice to give me a warning so I wouldn't be caught with my �pants down.� What to do?


Asked on 10/28/02, 6:09 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Unwarranted Layoff

You may wish to read the many other postings on this site regarding unfair terminations to elaborate further. However, in a nutshell, you should know that employment for an unspecified period of time is terminable at the will of either the employer or the employee.

In layman's terms this means that an employer can terminate employment for any reason or for no reason, even if unfair. The two general limitations on this are a contractual commitment imposing limitations on the employer and reasons that are prohibited by law, i.e. illegal discrimination.

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Answered on 10/29/02, 12:55 pm


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