Legal Question in Employment Law in California

I went on an vacation from work; I was told my job would be there when I returned and this was stated by my boss - the owner of co at a staff mtg in front of other employees as well as to me- I called in when I returned from vacation (was gone a month - this was approved) - I was told by my boss that I was replaced. I had an expected date of return and was never told that my job might not be held if I took this time off - in fact, just the opposite. Am I eligible for UE benefits (CA) - ????? I lost my job thru not fault of my own. I expected to have it when I returned from vacation.


Asked on 7/10/10, 2:55 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause� or explanation, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

Read more
Answered on 7/11/10, 5:31 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California