Legal Question in Employment Law in California
I worked for a Denny's Restrurant for a little over 5 years as an Assistant Manager, I was fired a couple of months after I was robbed at gunpoint. I have applied 3 times when hearing they needed help, the GM told me I was on a Non Re-Hire List. The reasons they gave for terminating me were petty and had to be scraped together. There have been many employees rehired and there are several employees working now who are on the non-rehire list. I have been trained and I am qualified to any job for Denny's including GM. What can I do ?
2 Answers from Attorneys
There is not much you can do. In California, employment is at will -- meaning that either the employee or the employer is free to terminate the employment relationship ay anytime and for any reason, or for no reason or a wrong reason. The employer has the same freedom in exercising its choice as to whom to re-hire.
There might be a different result if you had an employment contract, if you were a member of a union that had a collective bargaining agreement (typically these specify standards and procedures for terminations and for re-hiring), or if the basis of your termination or the refusal to re-hire you were based on race, gender or some other prohibited basis. Nothing in the facts you have offered would seem to support any of these legal theories.
You might check any employee handbook or manual of personnel policies and procedures that is used by the company. Sometimes -- not often, but occasionally -- the employer has set forth standards and procedures there that can be argued to constitute an implicit employment contract and the employer can be compelled to adhere to its own policies. Even that, however, would be a tenuous argument in that you have already been terminated some time ago. It is likely that you need to chalk this chapter up to experience and make your career elsewhere.
None of this is legal advice or intended to be such. It is general info that may be useful for you and others in a similar situation. For legal advice applicable to your specific situation, contact and consult a qualified local employment attorney.
Petty and scraped together is still "at will" employment determination by the employer. There are no laws against 'unfair treatment' or poor management. 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�, explanation or notice, 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 and make the company money. That�s how they pay your wages.