Legal Question in Employment Law in California
I worked at an assisted living facility. I held 2 managerial titles, Executive Chef and Assistant Director the latter of which I had no experience or training. I was demoted to just Executive Chef and the explanation given was that I was unable to do both jobs efficiently (True). 2 days after my demotion I was suspended for 3 days because I "Failed to complete assigned task in a timely manner" (This was part of my duties as Assistant Director for which I was already disciplined). The day before I was to return to work I was called by the Executive Director and told to come pick up my last paycheck. The reason given for my dismissal was "Not able to meet deadlines". I was never given any specific reason for my dismissal and I believe I was disciplined 3 times for the same incident. This company says employment is at will, yet there is a process of discipline stated in their employee handbook. I would like to know if there is any action I can take against this company for being dismissed in this manner? Thank you for your time.
1 Answer from Attorneys
If it is employment at will, they can dismiss you for any reason, or no reason; but they still cannot dismiss you for a bad reason, for example, religion, race, etc. If you have a contract, they still cannot violate the terms of the contract. Do you really want to sue your former employer?
Daniel Bakondi, Esq.
415-450-0424
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